Coral Gables Mayor Vince Lago has reached a settlement with Actualidad Media Group in a defamation lawsuit, stemming from statements made on Actualidad 1040 AM (WURN-AM) regarding the mayor’s alleged involvement in an Ethics Commission investigation.
The lawsuit originated from a February 2023 broadcast on the Contacto Directo radio show hosted by Roberto Rodriguez Tejera. During the program, Tejera interviewed then-candidate Coral Gables Commissioner Ariel Fernandez, who claimed Lago was under investigation by the Miami-Dade Ethics Commission for potential conflicts of interest related to his family’s alleged financial ties to a trailer park involved in a city annexation matter.
The Ethics Commission had initiated only a preliminary review based on confidential complaints from unnamed individuals regarding the trailer park annexation matter. The commission later closed the matter in August 2023, determining the complaint was not legally sufficient to commence a formal investigation.
Lago filed suit seeking at least $50,000 in damages, arguing the radio station falsely characterized a preliminary ethics review as a formal investigation. The mayor’s legal team contended that Actualidad Media Group was aware that Fernandez would make defamatory statements and noted that Ethics Commission reviews remain confidential until conclusions are reached.
In August 2024, Miami-Dade Circuit Court Judge Joseph Perkins dismissed the case, focusing on the legal sufficiency of the claims rather than their factual basis. The dismissal centered on the plaintiff’s failure to adequately demonstrate “actual malice,” the high legal standard required for defamation cases involving public figures.
Referencing Lam v. Univision Communications, Inc., Judge Perkins found Lago’s allegations insufficient to prove actual malice. The court noted that even if the defendant knew statements lacked basis or were false, this did not meet the legal standard for actual malice. The confidentiality of Ethics Commission investigations and email exchanges cited in the case were deemed insufficient to demonstrate the required legal standard.
Despite the dismissal, Lago’s attorney Mason Pertnoy had indicated plans to amend the complaint to better establish actual malice. Instead, both parties opted for mediation led by retired Miami-Dade Chief Circuit Court Judge Joseph P. Farina, who facilitated the settlement process beginning in April.
The settlement allows both parties to avoid continued litigation while clarifying the distinction between preliminary reviews and formal ethics investigations. Terms of the agreement were not disclosed in court filings.
