FOR IMMEDIATE RELEASE
December 12, 2001
Representing the City of Oshkosh today in Winnebago County Circuit Court, Attorney Walter W. Bush failed to obtain court-ordered costs against an attorney for Harmon Seaver, an Oshkosh resident who operates an Internet site named "Oshkosh Sux." The controversial Internet site contains political and satirical speech critical of Oshkosh municipal government.
In a forfeiture action against Mr. Seaver brought by the City of Oshkosh, Attorney Bush mailed excerpts from Seaver's Internet site to Seaver's attorney during the "discovery" phase of the action.
One of the excerpts sent by Bush was an electronic mail message in which Mayor Jon Dell'Antonia told city attorney Warren P. Kraft, "You need to take a look at this guy's web site. I think he has gone too far and I would like for you to 'nail him to the cross' if you can."
In preparing for the forfeiture action, Seaver subpoenaed the Mayor and city attorney to appear in court. In turn, Bush alleged that Seaver's attorney, Mary Beth Arnett, should be ordered to pay costs for engaging in an abuse of process when the Mayor and city attorney were issued subpoenaes.
Contrary to Bush's argument today in Circuit Court, Seaver's attorney was not ordered to pay costs. In a letter to the court, Arnett stated, Seaver "is entitled to prepare a defense to Mr. Bush's use of Mr. Seaver's web site until it is ruled inadmissible."
When asked about the decision, Mr. Seaver commented, "I'm glad the judge decided as he did." He added, "This is clearly a case of selective enforcement and prosecution by the City."
For further information, contact www.oshkoshbygosh.org