Recent discussions on social media have uncovered a troubling pattern: anyone who questions or challenges the Board of Directors (BoD) of the Lake Royale Property Owners Association (LRPOA), particularly the President, faces retaliation. The BoD President has recently upped the ante in terms of retaliation and we, the LRPOA property owners, are being stuck with the bill. Two recent examples illustrate this troubling trend.
Example #1: Personal Intimidation Disguised as Legal Inquiry
On June 28, 2024, Cecelia Valentine sent an email to BoD President Steve Ragaglia’s personal email address, asking about a civil case filed against him*. The email was polite and straightforward, simply seeking his input on the matter for publication on a news website.
“Good afternoon, Mr. Ragaglia, I came across this information regarding a Civil Case No. 24CV009190-910 filed against you. Was wondering if this is true or not? I wanted to get your input regarding this matter.
There are plans to publish the case on the LakeRoyalePledge.com website. Thank you for your time and consideration regarding this matter. Please feel free to contact me by email.”
Mr. Ragaglia had several options: he could ignore the email, decline to comment, or consult his personal attorney for a response. He chose none of these reasonable responses. Instead, the LRPOA enlisted their law firm, Ward and Smith, to respond with a cease and desist letter, accusing the LakeRoyalePledge.com website of trademark infringement.
Note: Civil Case No. 24CV009190-910 referenced in the email from Ms. Valentine was served to Steve Ragaglia on July 1, 2024. (See references at the end of the article).
Example #2: Misuse of Official Channels to Silence Criticism
On the same day, Tara Roe sent an email to Grace Noonan, Steve Ragaglia, and Noreen Gordon, all to their official LRPOA email addresses. The email asked for comments on a complaint about a beehive on Gordon’s property, which posed a danger to an allergic neighbor.
“We are gathering details for an article about the complaint regarding a property owned by Noreen Gordon. The reason for the complaint is due to a growing beehive located in the tongue of a trailer parked on Noreen Gordon’s property. The neighbor who brought up this issue/complaint is allergic to bees. The resident/neighbor made the complaint during the 27 June 2024 Board Meeting and previously at the POA office on 5 June 2024.
Kindly provide any comments in regards to this matter by EOB Monday (01 July 2024). The article will be published under the BOD Watch on LakeRoyalePledge.com. Many thanks in advance.”
One would expect officials to either explain the situation or decline to comment.
The Real Motive: Silencing Dissent
In response to both Cecelia’s and Tara’s inquiries, those being questioned chose not to respond directly but chose, instead, to engage the law firm Ward and Smith. On July 3, 2024 both Cecelia and Tara received rather lengthy “cease and desist demand” letters from Erica B.E. Rogers, an attorney with Ward and Smith.
Other than to state, in response to Cecelia’s question, that, “Mr. Steve Ragaglia declines to respond to your June 28, 2024 request for the Association’s comments,” and in response to Tara’s question, “Ms. Grace Noonan declines to respond to your June 28, 2024 request for the Association’s comments”, the letters never addressed the property owner’s concerns.
The letters should have stopped there, but they didn’t. Both letters then, at length, accused the lakeroyalepledge.com website of trademark infringement and further stated that “…it is apparent the owner of the Website is hiding ill-intent behind anonymity.” The letter continues, “In summary, the Association demands that you immediately cease and desist all infringing activity related to the <www.lakeroyalepledge.com> domain registration and website, including without limitation, publishing false statements about the Association and using the LAKE ROYALE trademark for competing services without approval.”
It should be noted here that neither Cecelia nor Tara are, in any way, affiliated with the lakeroyalepledge.com website.
The irony here is that in response to a previous article, BoD board member Phil Ackler, commented on social media that the BOD Watch reporter should reach out to the board for commentary on articles being published with regards to them. When POA members then volunteered to send questions to the BoD for comment, they were immediately met with aggressive cease and desist letters.
The letters from Ward and Smith go beyond merely declining to comment. They accuse the LakeRoyalePledge.com website of trademark infringement, despite the fact that trademark laws do not apply to non-commercial or news websites. This is not about protecting a trademark; it’s about silencing the press and stifling free speech. The letter also failed to list any “false statements”.
The attempted misapplication of trademark law in this context is a clear intimidation tactic. It aims to scare property owners into silence by threatening legal action. Moreover, the LRPOA is using the community’s funds to pay for this legal intimidation, adding insult to injury.
Conclusion
The actions of the LRPOA’s Board of Directors, particularly the President, are an abuse of power aimed at silencing dissent. The misuse of trademark law to intimidate property owners and silence the press is a blatant attack on free speech and freedom of the press. Property owners should not be fooled by this veiled intimidation tactic. This is not about protecting a trademark; it’s about silencing anyone who dares to challenge the authority of the BoD. The LRPOA community must stand together to protect their right to free speech and hold the Board accountable for their actions.
Jerry Mote
Guest Writer
BIO: "Jerry Mote holds a BS degree from the University of Tennessee and an MBA from Averitt University. He has been a property owner in Lake Royale since 2014. After 6 years of service as an Infantry Officer in the US Army Jerry had a 42-year career in private industry, having been a small-business owner, manager, international business consultant and a corporate CEO. Since coming to Lake Royale Jerry has been an active member of the community by serving on the By-laws and Covenants Committee, the Finance Committee and the Board of Directors. Jerry is a member of AMVETS Post 201. "
