| On October 10,
2003, Wisconsin Christians United held an "International Conference
on Homo-Fascism" featuring speakers from America and other countries.
The theme of the conference was threats to Christian liberty and free
speech by the homosexual movement. I was the founder and director of WCU,
the work of which has since been absorbed into the public ministry of the
church I pastor, Pilgrims Covenant Church.
Subsequent to our WCU conference, the
homosexual organization Action Wisconsin issued a press release in which
the outrageous, false claim was made that one of the WCU speakers, a
pastor, advocated the murder of homosexuals. When Action Wisconsin
officials refused to retract their claim, Attorney Jim Donohoo filed a
defamation lawsuit against them on behalf of the pastor. On June 28, 2005,
Judge Patricia McMahon handed down a summary judgment dismissing the
action. Consequently, Action Wisconsin attorneys filed a motion with
McMahon seeking costs and actual attorney's fees on the basis that the
suit prosecuted by Donohoo was frivolous. The court then awarded Action
Wisconsin costs in the amount of $2,220.09 and attorney's fees in the
amount of $85,232.50. Further, Judge McMahon took the opportunity to
humiliate Attorney Donohoo in her decision while Action Wisconsin pricey
Attorney Lester A. Pines went out of his way to ridicule Donohoo's
professional skills.
However, today, May 30, the State of
Wisconsin Court of Appeals, District 1, reversed Judge McMahon's judgment
and order, concluding, "Based on our analysis, we do conclude
that Donohoo had a reasonable basis to commence and continue the action.
Accordingly, we reverse the trial court's order granting Action
Wisconsin's motion seeking attorney's fees on the grounds that the case
was frivolous. The underlying action was not frivolous and therefore the
trial court erred in so ruling."
I congratulate Attorney Jim Donohoo, a
Christian brother and friend, on his hard-fought victory, won by the grace
of God. Now Action Wisconsin can pay their own attorney's fees; and
perhaps they, and other opponents of Christian liberty, will think twice
before so viciously smearing their opponents. This court decision
represents a repudiation of the heavy-handed intimidation tactics of
Action Wisconsin and their high-power law firm led by Attorney Lester A.
Pines. I rejoice that the professional skills and integrity of Jim Donohoo
have been vindicated. Our whole church is deeply grateful to the Lord for
this victory. "Our soul waiteth for the LORD: he is our help and
our shield" (Psalm 33:20).
I would encourage those in the media who
would wish to talk to Jim Donohoo to contact him at 414-258-5989.
The Court of Appeals decision can be viewed
at http://wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=29182.
Further information on the events
underlying this recent decision can be reviewed at www.pccmonroe.org. |