JAMES
E.
TREY
TRAINOR, III
,
BEIRNE,
MAYNARD
&
PARSONS,
L.L.P.
401
W.
15TH
STREET SUITE
845
AUSTIN, TEXAS
78701
(512)
623-6700
FAX
(512)
623-6701
May 14,2014
DIRECT
DIAL
(512)
623-6753
EMAIL
:
TTRAINOR@BMPLLP.COM
Dan Bennett
VI
E MAIL
Dan.Bennett@Cumulus.com Vice President/Market Manager Cumulus Media 3090 Olive Street Dallas, TX 75219 Jerry Ferch General Sales Manager Cumulus Dallas 3090 Olive Street, West Victory Plaza Suite 400 Dallas, TX 75219
VI
E MAIL
Jerry.Ferch@Cumulus.com Re: Response to cease desist notice
of
Senator
Bob Deuell demanding
the
removal
of
Texas
ight
to Life
radio
ads Dear Mr. Bennett and
Mr
Ferch: My firm represents Texas Right to Life Committee, Inc. and we are in receipt
of
your
e-
mail transmitting the notice from the firm
of
Denton, Navarro, Rocha, Bernal, Hyde Zech,
P C
on behalf
of
the Honorable Bob Deuell. I am writing to provide a response to your request for substantiation
of
the claims made by Texas Right to Life Committee, Inc. in the advertisement in question that we have requested you air. I have enclosed a written copy
of
the ad for your
reVIew
As a threshold matter, please note that the ad in question is being bought by Texas Right to Life Committee, Inc. a Texas non-profit corporation with 501(c)(4) status with the Internal Revenue Service. I mention this fact because the notice on behalf
of
Mr
Deuell incorrectly identifies that you may be airing or re-airing a non-use campaign ad by Texas Right to Life
PAC
The inability
of
counsel for
Mr
Deuell to get the facts straight about who is airing the ad speaks volumes about the other inaccuracies
of
their notice.
Mr
Deuell's counsel only points out one statement that they claim is defamatory: Bob Deuell sponsored a bill to give even more power to these hospital panels over life and death for our ailing family members. Bob Deuell turned his back on life and on disabled patients. As
BEIRNE,
MAYNARD
PARSONS,
L.L.P. AUSTIN DALLAS
HOUSTON
NEW
ORLEANS
SAN ANTONIO
Dan Bennett and Jerry Ferch May 14,2014 Page 2 you requested, I will address those claims.
To
that end, I have enclosed a copy
of
SB303 and a copy
of
the Senate Journal from the tenth day
of
the
83
r
Regular Session
of
the Texas Legislature. With regard to the first sentence, you will note on pages 2 and
12
of
SB303 that hospitals are in fact given authority, via an ethics or medical committee
of
a facility, over the care and custody
of
the patients involved in the processes outlined in the legislation. Additionally, the Senate Journal, page 164, shows that Senator Deuell was in fact the sponsor
of
SB303 when it was first read and referred to committee. With regard to the second sentence, it is firmly the opinion
of
Texas Right to Life Committee, Inc., Texas' oldest and largest pro-life organization, that Senator Deuell has ... turned his back on life and on disabled patients. Please be advised that we regard the attempt to halt our advertisements by
Mr
Deuell and his counsel to
be
the initiation
of
a strategic lawsuit against public participation, tortious interference with a contract, and an attempt by a state official, Senator Deuell, to limit and curtail the constitutional rights, specifically, First Amendment rights,
of
Texas Right to Life Committee, Inc. under color
of
state
law
I strongly urge you to reconsider your decision to temporarily suspend the airing
of
this specific advertisement.
f
you have any questions or concerns, please feel free to contact me directly at (512) 623-6753. Enclosures
1986431
v 2
IMANAGE 105380
Respectfully, mes
E
Trey Trainor, Partner
Before you trust Bob Deuell
[pronounced DU-a/; rhymes with Jewef 1
to protect life, please listen closely. If your loved one
s
n
the hospital, you may be shocked to learn that a faceless hospital panel can deny life-sustaining care, giving you only ten days to find another facility for your mother, dad, or young child ... even if the patient
s
conscious. Your civil liberties and your right to life should
OT
go away once you re
n
the hospital. This actually happens to families across Texas, and Bob Deuell sponsored a bill to give
v n mor
power to these hospital panels over life and death for our ailing family members. Bob Deuell turned his back
on
life and
on
disabled patients. Don t trust him to protect you if you re sick. Vote Pro Life. Vote for Bob Hall
n
the run-off election for State Senate. Early voting for Bob Hall
s
May nineteenth through May twenty-third. Election day is May twenty-seventh. Bob Hall will stand for ALL. Proudly Paid for by Texas Right To Life.
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