Hostilities continue despite dismissal

By Evan Belanger

HANCEVILLE — Despite a recent court ruling, it appears the dispute between a Hanceville-based newspaper owner and Mayor Katie Whitley is not over yet.

While Whitley and municipal attorney Ed Coey celebrated last week a legal victory over Edmond Flaig, owner and operator of the Trinity News in Hanceville, an unattributed article on the publication's front page Wednesday renewed hostilities.

The article alleged the City Council and Whitley broke state law by refusing to advertise recently-passed public ordinances in the Trinity News. It also claimed Whitley made changes to some ordinances without the council's knowledge.

"Since the City of Hanceville quit publishing it's ordinances ... The Trinity News has, at great expense and inconvenience, sued the City ... in an effort to protect the taxpayers of Hanceville," it stated.

The article ended by encouraging Hanceville residents to telephone U.S. Rep. Robert Aderholt, R-Ala., and state Sen. Zeb Little, D-Cullman, to voice complaints.

"In the face of Judge Hopkins' ruling, we are left in the awkward position of requesting our reader's assistance in protecting home rule in Hanceville ..." it stated.

Whitley denied the allegations Wednesday, saying she never changed any ordinances without the Council's knowledge.

While she admitted they have not been advertising ordinances or resolutions in the Trinity News for some months, she said an attorney with the Alabama League of Municipalities advised her they did not have to.

According to Whitley, since the paper changed its name from the Hanceville Herald sometime last year, it is not legally recognized until it has been published under the new name for at least 51 weeks.

According to Ken Smith, an ALM attorney, the name-change argument could be made under state law, but he said he knew of no case in which that argument had been made before, so there was no way to know how a judge would rule.

"Really, all the law says is, if the paper is published 51 weeks a year, the town or city has to advertise," he said. "But the paper could also argue they intend to publish 51 weeks a year. It's really up to the judge."

Despite the recent article, Whitley said she considers the dispute over and wants to move the city in a more positive direction.

As to financial costs, she said the town's insurance covered most of the attorney fees, but the suit did cost the tax payers $1,000 for the deductible.

Flaig declined to comment on the case or the article Wednesday. He said he is still deciding what his next step will be.

According to court records, in January, Flaig did file suit against the cities of Hanceville and Arab and municipal officials from both, including Whitley.

He made a barrage of charges, including that they conspired to abridge his right of free speech, press and religion. He also alleged Whitley was involved in Arab Police questioning himself and one of his employees in connection with a grocery store robbery in Arab.

Other allegations included defamatory remarks, intentional infliction of emotional distress and failure to advertise public notices.

U.S. District Judge Virginia Emerson dismissed all charges in the case, including all countersuits, last week. In her ruling, she stated the charges constituted an "impermissible shotgun pleading."

"It is not for the court to manufacture arguments on the Plaintiff's behalf," she stated.

As mentioned in court documents, the relationship between Flaig and Whitley has been strained at best. Flaig ran against Whitley in 2004. He has since questioned the legitimacy of that election.

In February 2004, Whitley had a police officer forcibly remove Flaig from a council meeting for talking without recognition of the chair, an action forbidden by city ordinance. Flaig later pressed charges against the officer.

According to reports, Flaig was asked not to speak nine times during the meeting.

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