Jennifer Jones Loses Appeal & is NOT Affiliated w/Desert Messenger

https://www.facebook.com/DesertMessengerNews

Greetings!
This blog has been inactive recently, but I've noticed there's been hundreds of views over the past few weeks. (...not sure why, but it could be the political season..see below) I just want to remind folks you can get updates on Quartzsite news, events, and entertainment on our Facebook page: https://www.facebook.com/DesertMessengerNews.

Recently, I've been receiving multiple calls asking if Jennifer "Jade" Jones works with, or for, me. And then just today,  a stranger told me, "Jade really does a great job with the Messenger." After introducing myself, he seemed a bit confused saying, "Well, she said she submitted articles or something." I explained that she publishes her own paper-- sometimes. He still seemed confused saying, "But she helped sign me up to get the Messenger on my phone." My response was simply, "That's nice." 

I want to make it perfectly clear, AGAIN, that 
Mrs. Jennifer Jones is NOT affiliated with Desert Messenger.  

Jones is a candidate for Arizona House of Representatives Legislative District 5, covering La Paz & Mohave Counties. In the past Jones identified herself as an experienced dog groomer, but now she simply identifies herself as a publisher of the Desert Freedom Press. Jones published only 3 editions of her tabloid in all of 2015 and just one edition in 2016 to date. 

In 2014, Jones filed a civil rights lawsuit against me (and Towns of Parker & Quartzsite) in U.S. District Court for Arizona Under Section 1983 for posting an official government Press Release focusing on her alleged actions. To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.

The case was DISMISSED in the 

United States District Court of Arizona-Phoenix 

but Jones filed an appeal in 

United States Court of Appeals for the Ninth Circuit. 

On April 4, 2016, the US Court of Appeals AFFIRMED the District Court's judgement.

 The short ruling reads:

"A review of the record and the responses to the court’s November 17, 2015 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard).

Accordingly, we summarily affirm the district court’s judgment. AFFIRMED"

The appeal went before Circuit Judges CANBY, LEAVY, and IKUTA.

(Affirmed – In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.)

Original Case: D.C. No. 2:14-CV-01907-SPL

U.S. District Court for Arizona, Phoenix
On May 29, 2015 Honorable Steven P. Logan, United States District Judge 
dismissed the case in its entirety with prejudice.

Here are some excerpts from Judge Logan's judgement: 
"3. Defendant Shanana Rain Golden-Bear
Lastly, Plaintiff names Golden-Bear as a defendant, the publisher of a free newspaper, “Desert Messenger,” a rival to Plaintiff’s free newspaper, “The Desert Freedom Press.” (Docs. 1 at 9; 35 at 1.) Plaintiff alleges that Golden-Bear violated her civil rights when she printed a press release issued by the Town of Quartzsite, which Plaintiff describes as “libelous and defamatory.” (Doc. 1 at 9.) This claim equally fails.

"Plaintiff does not bring a cause of action for libel or defamation; she brings a §1983 action. To survive a motion to dismiss under §1983, Plaintiff must show that: (1) a constitutional violation occurred; and (2) that deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988) (citation omitted).

"A person acts under color of state law when the person has “exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Id. at 49 (citation omitted).

"Here, Plaintiff does not allege that Golden-Bear is employed by the Town of Quartzsite, [however in her appeal she indeed did falsely claim that I was an employee of the Town] nor does she allege that Golden-Bear is an elected official for Quartzsite. Furthermore, even if assumed true, the publishing of a press release is not “made possible only because the wrongdoer is clothed with the authority of state law.” Id. Golden-Bear did not publish the press release under the color of state law and is not liable under a §1983 claim."

"DISMISSED in its entirety with prejudice."

Jones' only option now is to appeal to the United States Supreme Court. 

I've posted the court documents so readers can see for themselves her claims made to the Federal Court and the U.S. Court of Appeals. The PDF's are located at www.DesertMessengerNewsBlog.wordpress.com

I really appreciate all of your support during this long process! 
Finally JUSTICE IS SERVED!
~RAIN

Shanana Rain BearCat (AKA Golden-Bear)
Editor/Publisher
Desert Messenger - Quartzsite's FREE Community Paper - Now in our 12th Year!
PO Box 1385, Quartzsite, AZ 85359
Editor@DesertMessenger.com  www.DesertMessenger.com 

Confusion in Quartzsite? Really?

Quartzsite, AZ - Evidently, once again, there is confusion between the two free papers in Quartzsite, Arizona. 

After receiving multiple phone calls and complaints about a certain cartoon published in Jennifer Jones' tabloid, Desert Freedom Press, I felt it necessary to clarify the situation.

Desert Messenger is not affiliated in any way with the tabloid Desert Freedom Press (AKA DFP). Desert Messenger is proud to maintain a Quartzsite business license. DFP does not, and has not since she began publishing over two years ago.

Jones publishes Richard Abbey's self-described "poorly drawn cartoons" in her tabloid. The recent uproar and complaints surround the latest cartoon Jones published on Page 5 of the Jan. 5, 2013 issue, which depicts a hamster holding a shotgun surrounded by dead birds on the ground. 

The headline reads, "HAMster" welcomes "snow birds" to Quartzfest

Amateur Radio Operators are fondly called HAMs. There is a Ham gathering in Quartzsite this week, called "Quartzfest" with already over 200 check ins for the 11 day event, however over 600 attended last year's famous event. 

According to Jacob C. Herman on www.VoiceNation.com: 

"Ham radios are also known as amateur radios, and they are becoming more popular among those who need a powerful communication device as well as computer hobbyists. They enable people to communicate with other amateur radio users in their countries and around the world. In fact, they are the most powerful wireless communication tools that are available to ordinary people, and they can even help connect users with astronauts in space.

Those who use ham radios are called “hams”, and there are presently millions of regular hams around the world. People from all walks of life use ham radios, ranging from movie stars and politicians to missionaries and students. They make use of different types of radio communication devices to participate in ham radio communication. While ham radios are mostly used for personal communication, there are communities of hams who use their radios to provide important information in their localities, such as emergency and disaster alerts. Ham radios offer a great way for users to make friends with people around the world." 

To learn more visit http://www.voicenation.com/resources/article-library/all-about-ham-radios.shtml

Local Hams are well known for helping our local Quartzsite Police Officers during parades and other events and are well respected within the community. Amateur Radio Operators go through rigorous training and are licensed by the FCC.

Jones is famous for her support of our constitutional right of "Freedom of Speech." However, Freedom of speech does not include the right to incite actions that would harm others (e.g. shouting "fire" in a crowded theater. (Schenck v. United States, 249 U.S. 47 (1919)

If anyone else finds this cartoon offensive, I suggest you express your "Freedom of Speech" directly to the publisher, Jennifer Jones, at thedesertfreedompress@yahoo.com or call 928-785-6318. If no response, you can visit her at her Dog Grooming business located at Hassler's RV Park on Main Street, Quartzsite.

Abbey is not so publicly accessible. However if you'd like to directly complain and express your right to free speech to the cartoonist, he is on Facebook at http://facebook.com/richard.abbey1

Needless to say, Jones DOES NOT speak for the majority of Quartzsite residents or snowbirds!

To learn more about Quartzfest 2013 events happening now, visit http://quartzfest.org/.

Shanana "Rain" Golden-Bear,
Publisher/Editor
Desert Messenger, now in our 9th Year in Quartzsite!