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PAGE 10A PICKENS COUNTY PROGRESS THURSDAY. MARCH 25. 2021
Cagle family drops defamation suit
By Angela Reinhardt
Staff Writer
areinhardt@picken-
sprogress.com
A Pickens County
defamation lawsuit that drew
national attention has been
dropped by plaintiffs
William, Thelma, and
Katherine Cagle who sued
local resident Rayven
Goolsby for comments she
made on Facebook.
The suit centered around
Goolsby’s social media posts
that alleged Thelma (known
locally as “Bay”) and her
daughter Katie were involved
with organizing the Capitol
riots. Goolsby goes as
“Rayven Michele” on Face-
book. Comments noted in the
suit were:
• “I thought Kate Cagle
[was] on the planning com
mittee, I hope she doesn’t
plan to make a career out of
planning riots.”
• And to Thelma, “Didn’t
you attend the insurrection? I
am pretty sure you did.”
The mother and daughter
were in Washington for the
Trump rally, but plaintiffs ar
gued that claims they partici
pated in the riots went over
the line, and would lead peo
ple to believe they committed
crimes and create “suspi
cions” in the community.
Goolsby’s comments
against William (known lo
cally as Bill) alleged he made
“homophobic” remarks that
characterized transgender
students as “freaks” while he
was chair of the Pickens
County Planning Commis
sion, and also that he was a
“loser.”
The story made national
news when The Washington
Post referred to the Cagles as
a prominent Georgia family
who sued a grocery store
clerk. Goolsby works at the
Jasper Kroger.
In their original suit, the
Cagles, through attorney
David McDonald, stated, “In
the recent past, plaintiffs, in
dividually and collectively,
have inadvertently and unin
tentionally, perturbed defen
dant in a way that has made
plaintiffs the object of defen
dant’s irrational, repeated and
unending harassment and
defamatory commentary on
social media platforms,
namely Facebook, which has
evidently been motivated by
a distaste and dislike for
plaintiffs.”
The response filed by
Goolsby’s counsel argued she
was using political sarcasm
and hyperbole, which is pro
tected under the First
Amendment, and which are
“hallmarks of online opin
ion.” The response also
stated as chair of the planning
commission Cagle’s state
ments are subject to discus
sion online, and that
“homophobic” is an opinion
not subject for a libel charge.
Pickens County court doc
uments show the Cagles ini
tially filed for the defamation
suit to be dismissed on
March 12, but that dismissal
was amended and filed on
March 16. In the amended
version, their voluntary dis
missal was filed “with preju
dice,” which according to
Cornell Law School means
“the court is saying that it has
made a final determination
on the merits of the case, and
that the plaintiff is therefore
forbidden from filing another
lawsuit based on the same
grounds.” The original dis
missal was filed “without
prejudice,” which means
plaintiffs could potentially
“bring another suit on the
same grounds.”
Goolsby told the Progress
she was “shocked” when her
attorney notified her of the
dismissal because the Cagles
had, “After they tried to get
me fired, sought a restraining
order and non-disclosure
agreement. I refused. I wasn’t
doing anything different than
anyone else in Pickens
County, just giving people a
hard time. I put my heels
down because you can’t put a
value on freedom of speech,
and I was willing to lose
everything even though I
don’t have much.”
Goolsby and her attorney
Andrew Fleischman of an At
lanta law firm planned to use
Anti-SLAPP (Strategic Law
suit Against Public Participa
tion) laws as a defense,
which prevents people from
using courts or lawsuits to in
timidate people against exer
cising their First Amendment
rights.
Gooslby said after the
original motion to dismiss
without prejudice was filed,
her attorney argued that if the
Cagles agreed to dismiss
with prejudice the defense
would not seek legal and
court fees.
In a statement sent to the
Progress the Cagles said,
“The totality of the record of
events surrounding the mat
ter, and not just the pleadings
themselves, tell the entire
story. The matter grew into
something it was never, ever
intended to be or foreseen to
be, and both parties agreed
that dismissal with prejudice
was the best way to signal
that this specific complaint
had been settled for good.”
The Cagles noted that
they were surprised the case
got national attention, and
further that “The subject of
dispute was never political. It
had nothing to do with party
lines...The opposing side
used social media platforms,
including Facebook, Twitter,
and GoFundMe to publish
details of the lawsuit and
opinions, which allowed var
ious national media outlets to
pick up the story.”
A GoFundMe account
was set up for Goolsby’s
legal fees and raised $10,000.
Goolsby said she felt guilty
and wanted to return the
money “because it’s a pan
demic” and people are strag
gling, but added that people
who donated wanted her to
keep it and that it will cover
costs she incurred.
“I want to thank the peo
ple in Pickens County and
people across party lines who
helped me and gave me ad
vice,” Goolsby said. “This
has shown me that something
like this can bring Republi
cans and Democrats to
gether.”
Continued From 1A
Commissioners recognized the PHS ‘Nettes for their incredible 2021-2022 season, when they competed in the Elite 8
in Cairo, Ga. Commission Chair Kris Stancil read a proclamation that honored their accomplishments. One member of
the team discussed the overwhelming support as they advanced, and said it made them realize how much the community
stood behind them. The team is pictured with (L - R) commissioners Jerry Barnes, Becky Denney, and Kris Stancil, and
head coach Brandon Thomas.
Zonings
also said at that time they
would be open to stipulating
homes be no closer than 150
feet to the creek, double the
state requirement.
The 278-acre tract is adja
cent to another 40-acre tract
owned by the same devel-
Continued From 1A
Caylor
was announced as Max Cay
lor.
Max Caylor with his big-
hearted personality along
with his love for people and
his community made him the
perfect candidate for the 36th
Golden Deed Award. He is a
Georgia native and earned
degrees at Reinhardt Univer
sity, Lagrange College and
Emory University.
In 1972 he was ordained
as a minister and served at
Jasper United Methodist
Church from 1984-1991.
While pastoring at JUMC, he
founded the Rotary Club of
Jasper and served as chaplain
for the Pickens High School
football team and videogra-
pher for Pickens High School
graduations.
In 2012 he retired after 39
years in the ministry. He lives
in Pickens County with his
family and currently serves
as president of the Rotary
Club and acts as chaplain for
the fire department. Congrat
ulations to Max Caylor. He
will be honored and given a
plaque at the May meeting of
PCREA.
The next PCREA meeting
via Zoom will be April 14th
at 11:30 a.m. Our speakers
will be Donnie Craig, Pick
ens County sheriff and D.J.
Barker from Henssler Finan
cial.
Please consider joining
PCREA. You do not have to
be a retired educator to join
our group, but if you enjoy
community service, educa
tion and/or children, we
would love to have you.
Please contact Louise Fox at
404-964-3865 or
lhjl073@yahoo.com .
PCREA would like to
thank the following busi
nesses that have purchased
Spotlight Ads to support our
local scholarship fund: The
Jeep Hut, The Lunch Box,
The Beauty Bar, Denson In
surance, Jasper Drug Store,
Best Brash Painting, The
UPS Store Jasper, Garner
Ace Hardware, Jasper TV
and Appliances, Edward
Jones Investments/Clyde
Cody, 61 Main, Johnny’s
New York Style Pizza, Cen
tury 21 Lindsey and Pauley,
Georgia Mountain Dermatol
ogy, Community Bank of
Pickens County, Pickens Cer
tified Literate Community
Program and two PCREA
members (4 Spotlight Ads).
oper, RLF Talking Rock
LLC. The adjacent tract is
zoned Rural Residential.
In other rezoning news,
commissioners denied a con
ditional use permit for 25.75
acres on the Highway 136
Connector in Talking Rock
where property owners
wanted to build an RV park.
Plans were for 55 RV sites,
two cabins, an activity bam a
During the employee
recognition portion of the
meeting, commissioners rec
ognized Pickens firefighter
Paul Elder for 10 years of
service with the department.
Prepay
value ahead of time until the
bill is issued, at which time
the remaining balance could
be paid.
“The 75 percent is to pre
vent overpayments,” said
Recall
had already checked on the
voter status before submitting
them.
Another question arose
with Pence and Lowe saying
the courts would only be in
volved in looking at the va
lidity of the “grounds for
recall” if the board members
challenge it. Roberts said the
court may look at it, regard
less of whether it is chal
lenged.
Roberts said in no event
does her office make any rid
ing on the grounds.
If the application is ac
cepted, the recall movement
is treated much like an inde
pendent candidate, where the
organizers must get a certain
number of signatures, based
on 30 percent of the voters
when the candidate being re
called was elected. In Smith’s
case that is voters in 2017.
Holland was appointed to an
unexpired terms so the tech
nical question that led to the
tension was how to deter
mine the number of required
signatures.
If the signatures are gath
ered and the recall proceeds,
voters could possibly see a
countywide ballot in Novem
ber (though that date is not
swimming pool, and other
amenities. Residents who at
tended the public hearing
were vehemently opposed to
the project, arguing the site is
already unsightly with an ex
isting RV, a tent as large as a
house, and a tipi. They ap
plauded after commissioners
denied the request last week.
One resident thanked com
missioners during the guest
Reeves.
If there is overpayment
the county is not able to pay
back those funds. The over
payments would have to be
rolled over into the next
year’s tax bill.
All prepayments will be
placed in an escrow account
- not in general funds - and
saved until the bill is issued.
In the past partial pay-
official at this point) which
would essentially be an anti
election - voters deciding
whether or not to remove a
person from office.
Lowe and Pence said they
had sent both Holland and
Smith a final plea to resign
the day prior to filing the re
call, but neither had replied.
Steve Smith - Grounds for
Recall
“Pickens County School
Board Member Steve Smith,
along with fellow Board
Members Sue Finley and
Aaron Holland, through their
vote to terminate the employ
ment contract of previous su
perintendent Dr. Rick
Townsend ‘without cause’,
have committed an act of
malfeasance as described in
O.C.G.A. 21-4-3 (7) (B), as
stated in the Pickens School
Board Code of Ethics: “Work
with the board and the local
superintendent to ensure pru
dent and accountable uses of
the resources of the school
system.
We further cite that Mr.
Smith was in violation of
O.C.G.A. 50-14- l(b)( 1)
(Georgia Open Meetings
Act), because on Friday, Jan
uary 15th, a specially called
board meeting took place to
discuss the termination of Su
perintendent Townsend’s
contract. During this meet-
comment portion of the
meeting.
Commissioners also ap
proved: Rezoning of 10.51
acres at 86 Finch Road from
Highway Business to Subur
ban Residential - applicant
Marie Hyde intends to build
seven home subdivision; re
zoning of 5.12 acres on
Carver Mill Road from Sub
urban Agricultural to Rural
ments have been allowed for
property taxes that have al
ready been billed, “but those
have late fees and are delin
quent.” Partial payments will
still be accepted for billed ad
valorem taxes, in addition to
prepayments.
At this time there is not an
online prepayment option,
but payment by cards will be
accepted and setting up drafts
ing, board members dis
cussed official business relat
ing to the termination of Dr.
Townsend’s contract, and
subsequent breach, thereof.
However, board members
purposefully coined this
meeting as an ‘executive ses
sion’ for the primary purpose
of avoiding and/or evading
the requirements of a public
meeting to discuss official
business, in violation of
O.C.G.A. 50-14-l(a)(3)(B).
At this meeting, no public
vote was allowed in reference
to Dr. Townsend’s contract.
After this meeting, Dr.
Residential; rezoning of 2.79
acres on Jones Mountain
Road from Agricultural to
Rural Residential; and de-an
nexation of a parcel at 1070
Old Burnt Mountain Road
where property owners no
longer want to be inside the
Jasper city limits.
Other news from the meeting:
could be an option. He noted
that for people who are not
able to come to the office to
establish a prepayment con
tract, for example people
with property here who live
out of county or state, they
will work on remote options.
“We are going to work
with people as much as we
can to get things set up,” he
said.
Townsend’s e-mail was ter
minated and he was told to
clear his office by Sunday af
ternoon and return his car.
Action to terminate was
taken without a public vote
which is a clear violation of
the law. These actions present
clear grounds for recall under
O.C.G.A>.21-4—3(7)(B) as
they show acts of misconduct
while in office and a failure
to perform a lawful duty.”
The grounds for recall for
Holland were similar with
one additional paragraph not
ing: “We further cite Mr. Hol
land’s failure to fulfill his
••The week of April 11-17
was declared Public Safety
Telecommunicators Week in
Pickens County. Stancil read
a proclamation that recog
nized the importance of 911
call center dispatchers, who
he said are instrumental in
emergency situations. Stancil
said they deserve to be recog
nized all year, “but one week
is a good start.”
You can contact the Pick
ens County Tax Commis
sioners’ office at
706-253-8882. They are lo
cated at 1266 East Church
Street, Jasper, Ga. 30143.
fiduciary duties to the tax
payers of Pickens County be
cause he voted to make this
payout after only being in of
fice less than two months, by
which time there is no way
he has had adequate time to
know and understand a $48+
million dollar budget.”
In a previous article Lowe
explained that they were tar
geting Holland and Smith, as
Sue Finley, board chair, was
still in the first 180 of a term
and no one can be recalled
during the first or last 180
days of a term.
Continued From 1A
Continued From 1A
Impact Pickens officers Steve Lowe, left, and Christopher Pence turn in 162 “sponsor”
signatures to move the recall against school board members Steve Smith and Aaron Hol
land forward. Word on the first phase is expected back by Friday. Then they will need to
gather signatures, possibly 5,000 to 6,000, to move towards a ballot.