Former Cumberland County state House candidate Lowell Gates served notice Wednesday that he will file a lawsuit against Speaker of the House Emeritus John Perzel, alleging he backed a series "slanderous" robo-calls made against him illegally while running for office.
Gates, a Lemoyne tax attorney, told PolitickerPA.com he is certain Perzel and Michael Karp, a Perzel supporter, were behind the calls. They alleged Gates was in the pocket of Gov. Ed Rendell and state Sen. Vince Fumo (D-Philadelphia) among other falsehoods, he said.
"All roads lead back to Rome," Gates said. "Basically everything points to Perzel."
The suit, filed in Cumberland County Court of Common Pleas, also alleges Perzel, Karp and Karp's former company, ATX Communications, did not attach their names to the calls and pirated a phone number to cover their tracks, which Gates said is illegal.
Gates said he was surprised a political big-shot like Perzel would even bother with him, but traced the attacks to Gates' opposition to Perzel as caucus leader. The calls were made in three other districts with candidates who also said they opposed Perzel, Gates said.
The former candidate stressed the suit, which will seek seven figure damages, would be more than a thorn in Perzel's side.
"I'm not going to play games," he said. "I'm very angry about what happened."
Gates was involved in a heated Republican primary earlier this year as seven candidates vied to replace retiring state Rep. Jerry Nailor (R-Cumberland County) in the 88th Legislative District. Sheryl Delozier eventually won, beating Gates by just 200 votes. The election was so close the final precinct had been counted before Delozier could be called the winner.
He made clear he doesn't link any of his opponents, whom he said he enjoyed competing against, with the robo-calls.
Gates said his lawsuit isn't about sour grapes.
"This is why good people don't run for office," Gates said. "Nobody in business or with a brain in their heads wants to subject their family to this kind of slander, libel."
Gates has filed only a writ of summons, which he said was necessary to make sure the statute of limitations on his lawsuit did not pass. But he said he will file the full lawsuit "very quickly."
"Bet your bottom dollars," he said, "we're going full-steam ahead with this lawsuit."
A spokesman for Perzel has declined to comment.
What, exactly, is illegal
I'd like to know. Political calls are exempt from federal and PA state do not call regulations.
So, what statute is Gates using?
He may be referring to the following law: Telephone Consumer Protection Act of 1991 (TCPA)
Federal law is clear in requiring all telephone calls using pre-recorded messages to identify who is initiating the calls and include a telephone number or address to reach them.
The AG in MO, Jay Nixon, is attempting to enforce Federal law at the state level.
Here is my posting on that issue:
http://thinkdodone.typepad.com/ccd/2008/09/can-he-do-that.html
Regards,
Shaun Dakin
CEO
StopPoliticalCalls.org
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