Mayor Lago’s Defamation Lawsuit Dismissed: A Pattern of Silencing Critics and the Implications for Coral Gables Residents

Javier Baños

Baños is the Editor of Gables Insider

A significant legal ruling has emerged from the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County, where Judge Joseph Perkins dismissed a defamation lawsuit brought by Coral Gables Mayor Vince C. Lago against Actualidad Media Group, LLC. The lawsuit, which revolved around statements made during a 2023 radio broadcast involving now Commissioner Ariel Fernandez while he was running for office, highlights growing concerns about Mayor Lago’s efforts to suppress critical commentary within the community.

The Broadcast and the Lawsuit: What Was Said

The controversy dates back to February 27, 2023, when Ariel Fernandez, then a candidate for the Coral Gables City Commission, appeared as a guest on a radio show hosted by Actualidad Media Group. During the broadcast, the host made statements suggesting that Mayor Lago was under investigation by the Miami-Dade County Commission on Ethics and Public Trust (MDCCOE). Specifically, the host alleged that “there is an ethics investigation against the Mayor,” and Fernandez echoed this by stating, “it seems that there is an . . . ethics claim against Vince Lago.” Commissioner Fernandez was not a part of the lawsuit.

Mayor Lago, in his lawsuit, claimed that these statements were defamatory, arguing that they falsely implied he was involved in serious, deceitful, and illegal activities that were under scrutiny by the MDCCOE. He asserted that the statements were made with actual malice and that they had caused significant harm to his reputation. Lago’s complaint contended that the radio station knowingly broadcast false information, as any preliminary inquiry by the MDCCOE would have been confidential and not disclosed to the public at the time of the broadcast.

The Court’s Decision: Dismissal of the Complaint

On August 12, 2024, Judge Joseph Perkins ruled on the motion to dismiss filed by Actualidad Media Group. The defense argued that Mayor Lago’s complaint failed to state a valid claim for defamation, particularly because it did not sufficiently allege actual malice—a crucial element required to sustain a defamation claim involving a public figure.

In his detailed order, Judge Perkins explained that while the mayor’s allegations of damage to his reputation were legally sufficient, the complaint lacked the necessary factual support to establish actual malice. The court noted that Mayor Lago’s assertions that the statements were made without basis, and that the radio station acted with reckless disregard for the truth, were largely conclusory. Judge Perkins emphasized that the legal standard for actual malice requires more than mere speculation; it demands concrete evidence that the defendant knowingly made false statements or acted with serious doubts about the truth.

Furthermore, the court highlighted that the mayor’s claim that the MDCCOE’s preliminary inquiries are confidential did not establish that the radio station knew the statements were false.

As a result, Judge Perkins dismissed the complaint, but with leave for Mayor Lago to amend and refile within ten days if he chose to address the deficiencies identified in the order.

Actual Malice: A High Legal Standard

The dismissal of Mayor Lago’s lawsuit underscores the difficulty of proving actual malice in defamation cases involving public figures. Established by the U.S. Supreme Court in New York Times Co. v. Sullivan, the actual malice standard requires a plaintiff to demonstrate that the defendant either knew the defamatory statements were false or acted with reckless disregard for their truth. This high bar is designed to protect free speech and prevent public figures from using defamation lawsuits to silence legitimate criticism and debate.

In this case, the court found that Mayor Lago’s complaint did not meet this standard. The allegations lacked the specific, concrete evidence needed to show that Actualidad Media Group acted with the requisite level of intent or recklessness. This ruling is a reminder of the robust protections afforded to free speech, particularly when it involves public discourse about elected officials.

A Broader Pattern of Silencing Criticism?

This legal defeat for Mayor Lago is part of a broader pattern of behavior that raises concerns about his approach to criticism and dissent. Over the past few years, Mayor Lago has demonstrated a growing hostility toward those who question or criticize his actions, whether they be members of the media, fellow public officials, or Coral Gables residents themselves.

Residents who attend city commission meetings have noted that the mayor often reacts defensively to public comments that challenge his decisions or policies. This approach has raised concerns about the mayor’s willingness to engage with the community in a constructive and transparent manner.

A recent example of this pattern occurred when Mayor Lago refused to vote for the appointment of the editor of Gables Insider to the Coral Gables Historic Preservation Board. During his comments on the dais the mayor openly explained that his refusal was influenced by his dissatisfaction with the critical coverage he had received in the newsletter. This incident, combined with his repeated efforts to challenge and dismiss public criticism during city commission meetings, suggests a troubling trend of attempting to suppress dissenting voices.

Implications for Coral Gables Residents

The dismissal of this defamation lawsuit has broader implications for the residents of Coral Gables. In a democratic society, the ability to criticize public officials and seek redress from the government is a fundamental right. Efforts to suppress these rights, whether through legal action or by dismissing public concerns, threaten the principles of transparency and accountability that are essential to good governance.

For the residents of Coral Gables, this case serves as a critical reminder of the importance of protecting free speech and ensuring that their voices are heard in the public sphere. The actions taken by Mayor Lago in this case, and others like it, raise important questions about the balance between protecting one’s reputation and respecting the rights of citizens to engage in open and honest dialogue with their elected officials.

As the community reflects on the implications of this case, it’s essential for residents to remain vigilant in defending their rights to voice their opinions and hold their leaders accountable. The dismissal of Mayor Lago’s lawsuit should not be seen merely as a legal technicality, but as an affirmation of the principle that public officials must be open to scrutiny and that attempts to silence criticism are contrary to the values of transparency and accountability that are fundamental to our democratic process.

12 thoughts on “Mayor Lago’s Defamation Lawsuit Dismissed: A Pattern of Silencing Critics and the Implications for Coral Gables Residents”

JB I wished you showed similar or even much greater indignation to the ambushed $300,000 hire of a totally unqualified City Manager…… tell us why you have ignored this ? Show us that you have not been throttled down to a crawl ignoring this blunderous move……do I need to tell you why you’re handcuffed? C’mon ! Shirk off subservience and deal with this scandalous move…..hope you do as you know I like you

Mr UniBrow/Ernie from Sesame Street? Meatball in Crime? Retard/Retarded? Hahahaha! Hunters EightBall, must have sent this while sitting it the back of the class at Gables High with all the other failing potheads!

Javier,
Oh wait there is more for Unibrow/Ernie from Sesame Street: Here are the facts of the case that not even your buddy Durana can disprove: To wit; (I know you are a retard so here is the definition) To Wit is a phrase meaning “the following comes to mind.” The phrase is sometimes used to introduce examples for a more general statement.

Actualidad Media Group defamed Mr. Lago with actual malice and reckless disregard for the truth when it falsely stated that Mayor Lago was under investigation by the Miami-Dade Commission on Ethics. As confirmed by the Miami-Dade Commission on Ethics, Mr. Lago was never under investigation and any assertion to that effect is false. The Court’s Order gives Mr. Lago leave to amend the complaint to set forth additional facts that establish that Defendant acted with actual malice when it defamed the personal and professional reputation of Mr. Lago. Here, the facts are clear that the Defendant had no evidence or factual basis for the false defamatory statement, made no effort whatsoever to determine whether the false information was true or not, and then orchestrated an “interview” with a guest who was provided with false information in advance in order to publicly defame Mr. Lago. Amending a complaint is common practice in litigation. Mr. Lago looks forward to advancing this matter further so that ALL journalism motivated by malice and a reckless disregard for the truth is held accountable. Javier see if Meatball in Crime, Ariel will allow you to publish that in the Gables Insider. Here I thought a guy like you with soo many degrees could not be bought…GTFO!

Oh wait there is more for Unibrow/Ernie from Sesame Street: Here are the facts of the case that not even your buddy Durana can disprove: To wit; (I know you are a retard so here is the definition) To Wit is a phrase meaning “the following comes to mind.” The phrase is sometimes used to introduce examples for a more general statement.

Another hit piece by Gables” Getting Paid” Insider. The hand-me-down editor Jose Bolanos has a knack for writing stories about Mayor Lago. He is butt hurt for getting REJECTED…yes rejected to be on the Historic Preservation Board. Know why? Because Mr UniBrow/Ernie from Sesame Street has no common sense. He will tell anyone within earshot of his many degrees yet he remains a retard. So here is the conclusion to your rags-hit piece and a two-dollar word for the editor to consider. The dismissal was a Pyrrhic victory (/ˈpɪrɪk/ ⓘ PIRR-ik) which is a victory that inflicts such a devastating toll on the victor that it is tantamount to defeat. There is enough evidence in the depositions given to bury many of you feckless, reckless lazy journalists. Ohh and try to get a real attorney to “opine” after you nudge him to write a reply. Poor Aurelio Durana hasn’t practiced law for some time now. Plus he graduated from FSU Law in 1977…so you know he must be just as retarded as the editor.

Mr. Lago is the first to be THE most condescending person to anyone that does not agree with him, just watch videos of the meetings! He is becoming like Joe Carollo!

Mayor L’Ego’s may have his lawyers patch up what appears to be a SLAPP lawsuit, should the Mayor’s puppeteers so command. Heaven knows, there is a ton of money in that PAC.
However, ultimately, should the case proceed to summary judgment (will never make it to trial), what will prevail is the fact that there WAS a preliminary inquiry into the Mayor’s conduct. To a lay person, an “inquiry “ vs an “investigation “ may be a distinction without a difference.
In the meantime, the attorneys’ fees the Mayor may be compelled to reimburse the radio station continue to pile up. Let’s pray the Mayor does not seek indemnification from our City.

As a resident of Coral Gables I feel ashamed of those outsiders that could read all this nonsense. Stop the complaining about Lago! He was voted Mayor again by his constituents. Enough is enough!

The Mayor is condescending and sarcastic towards resident comments that don’t agree with his and often brings up staff to rebut claims after the resident speaks. Vinnie is a thin-skinned snake oil salesman of the worst kind. Can’t wait till he out of office.

Only in a Communist society are people silenced.
We are a FREE society!!
Lago must go!

“Residents who attend city commission meetings have noted that the mayor often reacts defensively to public comments that challenge his decisions or policies. This approach has raised concerns about the mayor’s willingness to engage with the community in a constructive and transparent manner.” I literally laughed out loud. Residents who attend the meetings, or watch them via the city’s YouTube channel DO NOT agree with that statement nor does that accurately reflect the residents’ point of view. Moreover, Lago’s arguments are articulate and he demonstrates respect & concern- unlike others who are worried about pickleball & bakery items for sale. Plus, is t it a fact that Lago has office hours, so why do you feel there is a lack of transparency? Lastly, lawsuits get amended and/or dismissed all the time, certainly other commission/staff members have filed lawsuits that have been dismissed. No need for “vigilance” or “broad implications.” Quit stirring the pot. His complaint was not we’ll plead and end of story. Certainly, anything the mayor does “wrong”- whether he get a parking ticket, will be published by gables insider.