Judge rules Pope violated federal telephone lawBrendan HooverA federal district judge ruled Jan. 9 that Mustang resident, political consultant and former state representative Tim Pope violated a federal law when he arranged to have 20,000 automated, prerecorded telephone calls delivered to Oklahoma County residents in January 2006.
The ruling was handed down in a lawsuit filed last May by Oklahoma state Attorney General Drew Edmondson. The state’s top lawyer received 11 complaints about calls made on Jan. 29, 2006, a press release from the Attorney Generas office stated.
Pope could face a penalty of up to $10 million due to the judgment.
“I’m disappointed in the verdict. We’re going to appeal it as far as we have to, all the way to the U.S. Supreme Court if necessary,” Pope said Thursday.
Federal District Judge Robin J. Cauthron ruled that Pope’s calls were illegal under the Telephone Consumer Protection Act, which took effect in December 1991 and was instituted to restrict the conduct of telephone solicitation.
The TCPA requires that unsolicited callers identify the organization they represent and provide a number or address for the organization to be contacted.
The TCPA authorizes a fine of $500 per violation.
Cauthron wrote in her opinion: “the defendant retained a telecommunications company to call the homes of thousands of Oklahomans and play a prerecorded message about Oklahoma County Commissioner Jim Roth when the calls were answered.”
“Quite clearly, the message did not state the identity of the individual, business, or entity responsible for initiating the calls or its telephone number,” Cauthron wrote.
Stephen Jones of Enid, Pope’s attorney, argued in court that his client’s telephone calls were exempt from TCPA technical requirements because they were non-commercial calls. He also argued that case law and legislative history do not support the proposition that the TPCA applied to First Amendment and/or political type calls.
“Anonymous political discourse is a protected constitutional right, and I don’t think (Judge Cauthron) addressed it adequately. To relegate the First Amendment to a footnote (in her ruling) was not to give it its full meaning,” Jones said Thursday.
Jones said in its history the U.S. Supreme Court "time and time again" has stuck down prohibitions on anonymous printed media with political messages, like “The Federalist Papers.”
“It’s a small step from an anonymous handbill to an anonymous phone call. The TCPA requirements are unconstitutional under the First Amendment,” he said.
Cauthron ruled that these arguments are without merit.
Edmondson said that even in the most unfavorable light, the TCPA could not possibly be construed as an infringement up the right to free speech.
“This is about the method, not the message. Mr. Pope can say anything he wants, he just has to follow the law when he uses the telephone to say it,” Edmondson said.
The recorded message that played when the calls were answered contained the following:
“Stand by for an important message. Hear County Commissioner Jim Roth speak of his success in advancing the homosexual agenda in Oklahoma County. Including homosexual language into the county personnel handbook and fighting to keep homosexual books in the children’s section of the library. Commissioner Jim Roth will discuss his role in advancing the homosexual political agenda..."
Jones said that at the time of the calls Pope was involved in a professional capacity in the campaign of Dave Mehlhaff, Roth’s opponent for the District One Oklahoma County Board of Commissioner’s seat in 2006.
“The intention of the calls was to get more people to (Roth’s) event,” Pope said.
Jones said there was another reason for the calls.
“He wanted to draw attention to the fact that Mr. Roth is gay,” he said.
Roth said Thursday that he was pleased with the judgment.
“I’m thrilled that the citizens of Oklahoma County are defended by the Attorney General and a federal judge against Tim Pope’s bigotry. I personally believe and have more faith in the citizens’ kindness than Mr. Pope has,” Roth said.
Roth defeated Mehlhaff in the Nov. 7 election with 63 percent of the vote.
Pope has 18 days from the time of the ruling to reach a settlement with the Attorney General’s office or appeal the judgment.