The facts Mr. Leonard, just the facts!

May 23rd, 2011: I posted a note on this blog with this title: "Is ASCA actually incorporated? - The 'Curb Northside ISD' blog says no way!" The primary subject of the post was whether ASCA or the American Swimming Coaches Association is actually incorporated correctly.

Evidently John Leonard was not pleased and sent off a very threatening note obviously not realizing that I do not like to be threatened. I subsequently responded within three-to four hours. You can read both our letters here: [Link]

Leonard was not happy. He even called the blogger I linked to, Sarah G., a "nut case" after berating me for slander. (So much for a lucid exchange.)

Here is John Leonard's response to my request for clarification as to what exactly was in error and/or what needed to be retracted. By the way, note his use of all capital letters for selected words. I suspect this represents shouting or perhaps he is trying to emulate William Shatner?

Mr. Austin - I apparently am not making myself clear.

You are not the Supreme Court. You are not a local court. You are not even Judge Judy.

I have ZERO reason to answer any questions you have. You're a blogger. You appear to have some mis-understanding of your role in this.

I am informing you that every material statement made by Ms. Gjerstard about the ASCA and myself is INCORRECT and SLANDEROUS. I am doing that out of courtesy.

YOU have the responsibility for what you place on your blog, despite your assertions that you're just "republishing" what someone else said. You are slandering the ASCA and myself.

If we do not have a full retraction by 6 PM EST on Friday, May 27, we will proceed with a lawsuit against you.

On your note about "looking forward to a constructive and civilized exchange with you", i would like to educate you that it is not "sick 'em Sarah". It's "Sic 'em Sarah". That's the end of any communciation between you and i.

Ms. Gjerstad has also been warned that she has until 6 PM to provide a full retraction. She is apparently "distraught" according to her blog....she should have thought about that before she started slandering people WITHOUT doing any research, homework or competent searches of State documents.

Perhaps her ignorance of what a 501-C6 is, which she is now freely admitting, might give you some pause as to the credibility of her "research".

She's a nut case. We'll find out about you in court, if we don't have a retraction by 6 PM tonight.

IGNORANCE IS NOT AN EXCUSE FOR SLANDER.

John Leonard

So, I write back again:

Dear Mr. Leonard:

Yes, it would be helpful if you could be more clear. You have demanded a retraction but have declined to indicate which facts in my blog you claim are false.

As you expressed in your first note I am entitled to my own opinion but “not entitled to [my] own facts”. Asserting that, “every material statement made by Ms. Gjerstard about the ASCA and myself is INCORRECT and slanderous” does not advance the process of obtaining the retraction you seek. You may choose not to answer the questions in my earlier note but your refusal to do so makes it difficult for me to comply with your demand for a retraction of what you claim are the false facts I “republished”, as opposed to comments that are opinions.

My offer still stands. Identify the facts you claim are false. If I confirm that a statement of “fact” in my blog is false, I will issue a retraction through a written posting in the very blog where the original statement appeared, i.e., “in substantially as conspicuous a manner” as the statement(s) to which you object. See California Civil Code Section 48a.

I look forward to hearing from you.

Sincerely,

Tony Austin

So, what evidence do I have that ASCA or the American Swimming Coaches Association is not incorporated correctly? Above we have a screenshot from the Florida Department of State listing ASCA or the American Swimming Coaches Association as a 'Foreign Non Profit Corporation' doing business in the state of Florida. Next, I posted a screenshot from the 'Iowa Secretary of State' listing that the American Swimming Coaches Association corporation filing is inactive.

After doing the research, I conclude that Sarah is absolutely correct stating that the American Swimming Coaches Association corporation filing appears to be inactive in Iowa. I won't venture to make judgments on the repercussions or conclusions of what that means but it sure does sound like the American Swimming Coaches Association has some paperwork to do?

Calls to the Iowa Secretary of State office yielded the following answers: Iowa Secretary of State office 515-281-8993 - Pam was the person Sarah talked to and she confirmed the American Swimming Coaches Association corporation status terminated in 1992.

Calls to Florida yield the following answers: Fl Non-Profit Corporations (850)-245-6052 - Mary Ann was the person Sarah talk to and she confirmed the American Swimming Coaches Association foreign non-profit status is indeed located in Iowa. She suggested the Fl Dept of Revenue might be interested in the fact that his Iowa corporation has lapsed.

Now, more about Sarah: John Leonard was not only sending threatening letters to me; (two altogether), he sent six letters total to Sarah G. each one appearing more aggressive than the last finally degrading to the point of profanity. In one letter, Leonard gave Sarah an order to reprint a "retraction" that he had written for her and that Sarah was not allowed to mention that he wrote this ad hoc "retraction" or the "retraction" he wrote would be invalid. (Yeah, I found it that weird and that Orwellian.)

Letter number one:

Ms. [Sarah] Gjerstad,

I have been forwarded a copy of your blog and that of Mr. Tony Austin in Southern California, which purports to use the contents of your blog to further his campaign against the ASCA and myself.

Since I have never met you, don't know you or of you prior to this information, and have never answered any questions from you, i want to tell you the following:

1) Your blog defames the ASCA and myself. Look up the definition of internet defamation.

2) The information contained in your blog is entirely incorrect as it relates to the ASCA and SwimAmerica.

3) The ASCA is a 501-C6 corporation originally incorporated in Iowa and now duly registered for many years with
the Florida Department of Corporations with all reports and status active and complete.

4) SwimAmerica is a PROGRAM of the ASCA Council for Sport Development, a 501-C3 company conducting entirely 501-C3 purposeful activity. It was formed and is located in Florida.

5) There is no national business entity called SwimAmerica.

6) The ASCA Council hold full and complete rights to the name/logo SwimAmerica and it is copyright protected by us. We will vigourously enforce our copyright.

7) There is no such entity as " John Leonard Inc". owned by me in any state.

If you do not issue an immediate retraction, you will hear within 48 hours from our attorney's with a defamation lawsuit against you. I am providing you the courtesy of this notification directly, which is far mote than you did for me. IF you had wanted Accurate information in your campaign against NISD, you could have simply called me or emailed me and i would have given you directly the accurate information.

Now your inaccuracies have been nationally spread, it is possible that we have been materially damaged and you are in line for a lawsuit.

Fix this now, or look for the lawsuit. This constitutes reckless disregard for the truth, and damaging assault on a good organizations name.

John Leonard, ASCA

In the next letter he begins to use capital letters for selected words:

Ms. Gjerstad - you apparently are misunderstanding me. I have no reason to answer you on anything. I am communicating out of courtesy, (which you did not afford me.....) You have slandered me and our company.

I have explained to you in what manner. You either issue a STRONG retraction by 6 PM EST today, or we file suit and you can explain to a JUDGE why you would maliciously slander someone without even speaking to the principal person involved, and knowing NOTHING about how any of our organizations operate. You can either save yourself a lot of legal fees and grief, or go to court.

I will tell you out of courtesy, that no member of either ASCA or ASCA Council has ever, in the 26 years i have served at ASCA, rec'd any compensation for being on the Boards, NOR for any program or project done with us, other than speaking fees when they conduct a clinic. Your accusations are inaccurate and absurd.

by 6 PM Friday or it goes to a legal case. I am finished with being a nice guy about this. Make sure all four blogs you reference get a copy of your retraction with a copy to me to prove it.

John Leonard

And here is John Leonard beside himself regarding some sort of retraction that Sarah wrote which he found terribly anemic I suppose - gone is his professional facade but I am loving his grammar:

What you have printed on your blog is not a retraction. See my earlier deadline for a real retraction by 6 PM Friday.

There isnot and never has been an "Clerical error" by the state of Florida. YOU DON'T KNOW WHAT YOU ARE DOING and in the meantime, your lies are slandering our company.

Get a real retraction out by 6 PM today, or you are going to find out what distraught really means, when the lawsuit hits you. Your behaviour is irresponsible and criminal, and I am not going to stand still for it to be spread by equally ill-informed people Does it strike you as absurd that you are writing a blog about some organization being illegitimate and you don't even know what a 501-C6 is?

IGNORANCE IS NOT AN EXCUSE FOR SLANDERING PEOPLE. 6 PM today. John Leonard

Next, he takes it upon himself to suggest that Sarah write what he tells her or else - I love his opening line:

How about a simple ...

"I apologize, i did not do my research correctly or thoroughly and should never have posted information that cast incorrect accusations at the American Swimming Coaches Association, SwimAmerica or John Leonard."

and of course, if you have to tell anyone that you had to ask me how to write a retraction, it would invalidate the entire thing.

I don't like lawyers. I like to solve things between human beings. People make mistakes. I can accept a real apology. But if there is any screwing around with this, MS. Gjerstad, I WILL have a lawyer to you directly. I have had enough of people lying first and shouting bad things from the rooftops and THEN trying to say they are sorry....that's not the nature of the the internet in todays world.

6 PM with copies to all the relevant blogs that spread this filth and a copy to me of each one you send. JL

Now he plays the rhetorical question card with an ominous threat:

I assume this means that you are not issuing a retraction.

I'll be filing suit as soon as possible.

JL

Well, that did not work so next comes the profanity card and the all capital letters for selected words to really make his threat resonate:

No, i told you what i want. Period.

No bullshit, no lengthy diatrides, no dancing. You are dead wrong, you slandered the ASCA and myself among others, and there are ZERO issues with ASCA or SwimAmerica and the IRS or State of Florida, or anyone other entity.

YOU PUBLISHED SLANDER. Get that through your head. We don't owe you explanations or answers. You owe US an apology and acknowledgement as i indicated previously. IF you don't, i will take this to court and you can tell the judge how you shouted foul first and THEN decided you didn't know what you were doing. Good luck with that.

by 6 PM today. No more communications from me to you. John Leonard

Well, that shows Sarah, huh? - It shows me too, don't you think?

Perhaps it shows the ASCA board of directors as well.. and USA Swimming... and all the coaches within the organization as what kind of leader John Leonard really is. John means business and you better do what he says or he will sue!

To be sure how upset Leonard really is, Sarah is sending a letter to the ASCA board asking the following question:

To the Officers of American Swimming Coaches Association,

Is ASCA behind the lawsuit referenced in John Leonard's email, or is this John Leonard acting individually?

Would you make a statement regarding ASCA's involvement in the lawsuit?

Sarah Gjerstad

Note to John Leonard: You are a public figure. Your organization purports to have registered as many as 10,000 coaches. You have a convention of sorts every year and you have written several articles for Swimming World Magazine, Swim News, and of course your own magazine. Therein you have tried to influence several issues that affect the sport both nationally and internationally such as tech-suits, FINA rules, and even the Fran Crippen drowning. With that said, this is why bloggers have a right to talk about what you write, how you organize, and what we observe.

So, my request still stands: Identify the facts you claim are false. If I confirm that a statement of “fact” in my blog is false, I promise I will issue a retraction through a written posting in the very blog where the original statement appeared, i.e., “in substantially as conspicuous a manner” as the statement(s) to which you object. See California Civil Code Section 48a.