Mayoral ad wars head to court as Daniel Davis sues 3 TV stations over 'defamatory' attack
Mayoral candidate Daniel Davis filed a lawsuit Tuesday against the parent companies of three Jacksonville television stations for airing what he alleged was a false defamatory ad against him.
The legal filing called the ad a “hit piece” that “places images, text, and audio together to promote the false narrative that the plaintiff is ‘dirty’ and ‘won’t protect children.’” The ad, paid for by Jax First which supports opposing Republican candidate LeAnna Cumber’s campaign, aired on Action News Jax, First Coast News and News4Jax.
The filing alleges station management knew the ad to be untrue because of previous emails from Davis’ lawyer informing them of the falsehoods and warning them of an impending action unless the ads were taken off the air.
“Accordingly, we will sue your television stations and any responsible individuals to recover damages if you do not promptly (i) remove the advertisement from your airwaves; (ii) refrain from further disseminating or broadcasting of the advertisement,” Jesus Suarez, Davis’ attorney, wrote in the emails.
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Davis and Cumber have traded blows in recent weeks as they both vie for a spot in the upcoming March primary. Cumber’s ad is but one in a stream of attack ads on various Republican candidates – one of which from Davis’ campaign questions Cumber and her husband's roles in the attempted sale of public utility JEA.
Davis responded to the ad in a press conference last week, prior to the lawsuit being filed.
“When dirty politicians are down and out they resort to these gross tactics and I believe Jacksonville deserves better,” Davis said Feb. 3. “Everybody on this stage and in this room believes Jacksonville deserves better. As your next mayor I will continue to make my mission, our mission, to always protect our children.”
Daniel Davis alleges TV stations knew the ad was defamatory
Davis sued the three stations, not Cumber, claiming the stations had a “responsibility” not to publish untrue statements.
Public figures like Davis have a higher burden in defamation cases. Going forward, Davis’ lawyer has to prove the claims were false and that the people responsible for playing the ads at the TV stations either knew the claims were false or they acted in disregard for the truth.
Earlier this week, Gov. Ron DeSantis said he wants to make it easier to sue media outlets, calling them "purveyors of disinformation."
The Times-Union reached out to the station managers referenced in the legal filing but did not receive responses by time of publication.
Davis is seeking monetary damages over $50,000 and a trial by jury.
This article originally appeared on Florida Times-Union: Daniel Davis sues Jacksonville media over attack ad in mayor race
