Avi Adelman Told a Judge He Wouldn't Use Philip Kingston's Name on a Website. So Here's CouncilmanWeasel.com.

CouncilmanWeasel.jpg
In the end, Belmont Addition attorney Melissa Kingston's lawsuit against neighborhood activist Avi Adelman ended not with the expected bang, but with a whimper of a settlement agreement. Under the terms of the settlement, Adelman agreed not to do a handful of annoying and/or stalker-esque things, like taking pictures of Kingston's house or writing emails pretending to be her. In exchange, Kingston agreed to no longer pursue the suit.

The legal spat just so happened to coincide with Kingston's husband's bid for City Council. Matter of fact, his candidacy was revealed in legal filings in the case. Philip Kingston won the District 14 runoff on Saturday, and Adelman, it seems, couldn't help himself.

Some time between Saturday night and this morning, Adelman went live with Councilmanweasel.com. It's a Facebook page, at least for now, and it features Philip Kingston's face Photoshopped onto -- what else? -- a weasel.

See also
Lawsuit Calls Barking Dog Avi Adelman a "Neighborhood Terrorist" in Wal-Mart Fight
Avi Adelman Claims Phillip Kingston's Campaign is the Real Reason for Wife's Lawsuit
In the Battle Over a Lower Greenville Walmart, Avi Adelman's Bark is As Annoying as Ever

"I was elected in June 2013 to represent Dallas City Council District 14," the page reads. "I have no frigging idea what I am doing here. I only care about my friends in the Belmont Addition Conservation District. Everyone else can go to hell." The "About" section lists the weasel's gender as "Neutral (It)."

Now, there's nothing in the settlement that bars Adelman from Photoshopping Kingston's face on the mammal of his choice. That still qualifies as speech. Bizarre and mean-spirited speech, perhaps, but constitutionally protected nonetheless.

There is, however, a stipulation that Adelman refrain from "[R]egistering, creating, establishing or otherwise setting up any other websites or domain names using "Kingston" or any part, version or variation thereof in the domain or website name."

Notice how the domain name, and the website itself, carefully omits the Kingston name. You have to study the context clues -- the "P.K." of the page's title, the numerous references to being District 14's council representative, the Photoshopped face, Adelman's demonstrated, unstinting hatred of the Kingstons -- to puzzle out who exactly is being referenced.

Adelman declined to comment on the settlement or the Facebook page, though all available evidence suggests he's confident he's managed to brush up against the line without technically crossing it. The evidence also suggests that the man does not know how to bury a hatchet, unless, of course, it's in Kingston's back.


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37 comments
oakclifftownie
oakclifftownie

My dealings with the and watching the court system in action have been limited to Traffic Court Jury Duty and Family Court for an adoption .

I do not see what someone thinks they might gain when starting  a pissing match with a Judge .

James_the_P3
James_the_P3

I'm sure Councilman P.K. Weasel is laughing all the way to his seat in the horseshoe.  There's no doubt in my mind that Avi got him far more votes than he cost him.

roo_ster
roo_ster

Wow.  With that kind of passion, a man could do great things.  Instead, this Adelman fellow does the digital Karen Finley and smears himself in pixelated feces and struts around for all to see.  Bravo, Mr. Adelman.


Also, Adelman has done what I thought impossible: elicited in me sympathy for a Dallas City Councilcritter.

director21
director21

Avi Adelman is a typical classless punk of a loser, and everything he does emphasizes that fact. He is his own worst enemy, and that is how it should be. Nobody else gives a damn about what he thinks, says or does.

ruddski
ruddski

Anyone who upsets the regulars so much has to be an OK guy.

don.abbott
don.abbott

I've lived in District 14 for 23 years after growing up in Lake Highlands.  Say what you want about Adelman, but the sad to the bone part is the unending stream of idiots that say just the right things to end up on the City Council.  Lill, Hunt, Kingston--these people wouldn't know how to get a street fixed in D14 if their lives depended on it.  The main characteristic of all of them is a genuine philosophical tie-in with the hipsters, half-wits and real estate junkies that constitute the majority of their constituency.  Buy a house, have a baby, do the elementary school thing and get the hell out before middle school.  No roots.  Just trying to stay up with the built-in wine refrigs and lost dog notices.  But it's an easy commute downtown.  

ptmoore2012
ptmoore2012

This foolish and boorish web site makes me feel sorry for Kingston. If he is smart he will ignore it and Avi.

Everyone else is.   

everlastingphelps
everlastingphelps topcommenter

So, Adelman has decided that he can outlawyer the judge and blatently defy the spirit of the order but not somehow slip over a penumbra of illegality?

Good luck with that.  Let me know how the contempt and sanctions hearings turn out.

bealotcoolerifyoudid
bealotcoolerifyoudid

This says more about Avi than Kingston, but I don't know that Avi can see clearly enough to realize that.

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

"... he's confident he's managed to brush up against the line without technically crossing it. ..."


Avi is very talented in this area ...

_mm_
_mm_

I think maybe this should say that Adelman refrain from using Kingston's name?

"There is, however, a stipulation that Kingston refrain from "[R]egistering, creating, establishing or otherwise setting up any other websites or domain names using "Kingston" or any part, version or variation thereof in the domain or website name.""

Bobtex
Bobtex

@ruddski So, according to your thinking, Osama Bin Laden was an OK guy? 

crimjunkie
crimjunkie

@don.abbott I don't know Kingston, but neither Lill nor Hunt are idiots.  Quite to the contrary.  They're both very smart and very talented women.

You seem like a bitter dude, Don.  Sad to the bone, even.

James080
James080 topcommenter

@ptmoore2012  

Which is exactly why he does it.  He knew the DO would give him some free pub.

bealotcoolerifyoudid
bealotcoolerifyoudid

@everlastingphelps 1) I don't think the facebook page defies the Agreed Judgment, 2) there are First Amendment concerns regarding satire, parody, and political dissent, 3) Avi is just showing what an asshole he is. 

This actually makes Melissa look a lot better in my eyes, and I am no fan of her.

Anna_Merlan
Anna_Merlan

@_mm_ Yeah, that was my bad, since I edited this one and sometimes I fail at things. Fixing it now. Good eye, thanks. 

paulpsycho78
paulpsycho78

@Bobtex @ruddski merica..what? you dont like merica..then you must be one of them terrorists...spit into styrofoam cup with paper towel in it

everlastingphelps
everlastingphelps topcommenter

@TheCredibleHulk @everlastingphelps Doubt it.  Even if you think that the law "is what it is what it is", judges have an incredible amount of latitude in how they administer their courts.  Once you've agreed to something like an agreed judgment, you have waived all your defenses and arguments against what you agreed to.  You gave up.

everlastingphelps
everlastingphelps topcommenter

@bealotcoolerifyoudid@everlastingphelps Finally found an (unsigned) copy of the Agreed Judgment.  Looks like Adelman probably screwed himself:

http://courts.dallascounty.org/ViewDocumentFragment.aspx?DocumentFragmentID=9007751&CheckDocumentGroups=0

"ACCORDINGLY, IT IS HEREBY ORDERED that Defendant and any of his agents, servants, employees, assignees, transferees, affiliates, and beneficiaries, or anyone acting in concert with Defendant, or anyone with actual notice of this Permanent Injunction, are hereby commanded forthwith and forever to immediately cease and restrain from, directly or indirectly, the following acts:

A. Sending communications of any kind including, without limitation, emails, letters, facsimiles, hand deliveries, blogs, posts, comments,texts or tweets, as though they come from Melissa Kingston or Philip Kingston or have the endorsement or authorship of Melissa Kingston or Philip Kingston;"

He's indirectly using the Kingston name and writing it as thought it's coming from Kingston.  Incoming benchslap in 3... 2...

director21
director21

@arstubblefield @everlastingphelps Saying something as a parody about somebody and saying something in writing that takes on the first person persona are two wholly separate and unrelated circumstances. I think it is possible the judge could decide that what Adelman has done violates both the letter and spirit of the cease and desist agreement he signed to settle the case.

everlastingphelps
everlastingphelps topcommenter

@arstubblefield@everlastingphelpsSure, there's prior restraint issues and so on, but judges generally don't care about that shit.  What they care about is, "you defied my order."  I think he probably waived virtually all of those defenses when he agreed to the judgment anyways.  He's given up those defenses willingly to settle the first case, and now he is reneging on the settlement.  That's not kosher. 

arstubblefield
arstubblefield

@everlastingphelps I dunno.  I think bealotcooler may have a point with the First Amendment thing.  The Agreed Judgment notwithstanding, Phillip is now an elected official - and there's damned near nothing that can't be said about an elected official under the guise of satire or parody.  (Consider Hustler's Campari ad parody featuring Jerry Fallwell.)  

Off the top of my head, I could think of a few arguments for why that Judgment doesn't prevent Adelman from putting his 'weasel' opinion out there.  Not to say he could get away with anything and everything - obviously there are limitations imposed by the Agreed Judgment.  But, particularly because Phillip was not a party to the suit or the Judgment, I think he'd have a hard time attacking this particular iteration.  

bealotcoolerifyoudid
bealotcoolerifyoudid

@everlastingphelps Do you really think any reasonable person would believe this is coming from Philip?  No, because it is making fun of him.  Which Avi has a right to do, even more so now that Philip is a bona fide public figure. 

I'm not defending the action, just saying I don't think he defied the Agreed Judgment. 

Off topic, I do like the way Dallas County's case lookup allows you to see some of the documents in a case though.  We are ahead of other counties (Travis County sucks).

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