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Aug

29

Injunction Keeps Pulitzer Prize Columnist Off-line

Posted by Tish Grier

A preliminary injunction issued Friday against Dave Mitchell, former publisher of the Point Reyes (CA) Light, bars the Pulitzer Prize winner from posting a weekly column to the web-based Bodega Bay Navigator. Marin County Superior Court Judge John A. Sutro's indictment also bars Mitchell from assisting the Navigator in its coverage of West Marin County.

The Light's new owner, Robert Plotkin, who purchased the paper from Mitchell five months ago for $500,000, claims that publication of Michell's "Sparsely, Sage & Timely" column violates a non-competition clause in the sale agreement. According to Mitchell's attorney Ladd Bedford, the agreement prevents Mitchell from writing for another Marin County newspaper, but "does not prevent (Mitchell) from maintaining his own Web site as long as the Web site is not set up in competition with the corporation's (the Light's) Web site."

The Navigator website is owned by Joel Hack, who decided to publish online only after it became too costly to continue to publish in print. Hack invited Mitchell to write for the Navigator after a heated dispute between Mitchell and Plotkin resulted in legal action against Mitchell.

Mitchell had no part in the development nor in the ownership of the Navigator.

On the non-competition clause, Peter Scheer, executive director of the San Rafael-based California First Amendment Coalition, believes the non-competition clause would need to be specific on the matter of online news outlets. For the clause to hold up in court, Mitchell would have to specifically and willingly give up his rights to write for the web. "Major ambiguities would be interpreted in favor of the party that wants to continue writing," Scheer said. "Otherwise, it would be hard to enforce such a restriction because of First Amendment concerns."

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