A Florida mayor’s defamation lawsuit against a Miami Spanish-language AM station has been dismissed, but the case may not be over yet. Coral Gables Mayor Vince Lago had sued Actualidad Media Group over an interview on Actualidad 1040 (WURN-AM), seeking at least $50,000 in damages.
The lawsuit concerns a February 2023 broadcast between host Roberto Rodriguez Tejera and Coral Gables Commissioner Ariel Fernandez discussing Lago’s alleged financial connections to a trailer park in Little Gables amid city annexation efforts.
Mayor Lago argued that the broadcast falsely suggested he was under an ethics investigation for a potential conflict of interest, he was only subject to a preliminary review by the Miami-Dade Ethics Commission, which does not constitute a formal investigation. The lawsuit claimed Actualidad was aware Fernandez would make the defamatory statement and highlighted that Ethics Commission reviews are confidential until a conclusion is reached.
The dismissal, penned by Judge Joseph Perkins, focused on the legal sufficiency of the claims rather than their factual basis, noting the current allegations did not adequately demonstrate actual malice necessary for defamation.
The court, citing Gertz v. Robert Welch, Inc., disagreed with the defendant’s claim that the general statement of damages was legally insufficient, clarifying the difference between pleading damages as a substantive cause and the procedural specifics required. Referencing Lam v. Univision Communications, Inc., the court found the plaintiff’s allegations insufficient to prove actual malice. The judge noted that the lack of basis for the defamatory statements, even if known to be false by the defendant, did not meet the legal standard for actual malice.
Additionally, the confidentiality of the Miami-Dade County Commission on Ethics and Public Trust investigations and the content of an email exchange were not enough to demonstrate actual malice.
Yet, Actualidad may not be entirely clear of litigation. Vince Lago’s attorney, Mason Pertnoy, stated that the Miami-Dade Circuit Court’s dismissal allows for amending the complaint to better establish actual malice on the part of the defendant.
