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Seattle man tones down Web site rather than risk more jail time

By The Associated Press

06.22.02

SEATTLE — Paul Trummel, who was thrown into jail for 111 days in a free-speech standoff with a judge over his Web site, www.contracabal.net, has edited the site rather than face more jail time.

Trummel, 68, posted an "apologia” on another of his Web sites, www.contracabal.org, in which he said he would continue to fight for his First Amendment rights in court, but did not want to undermine the efforts of his attorneys "by creating diversions that could persuade the appellate court that I lack seriousness in my pursuit of justice."

Trummel had used the .net site as a forum for attacking the Council House, a federally subsidized retirement home where he once lived. He claimed the home violated federal housing laws and that neighbors kept him up at night. He also accused a building official of sexual dysfunction.

Council House staff have denied the accusations and say they simply want Trummel to go away. Federal investigations have turned up no wrongdoing by the home.

Trummel posted the phone numbers and addresses of Council House staff, directors and residents — something that King County Superior Court Judge James Doerty called harassment. The judge called him a "mean old man who becomes angry and vicious when he doesn't get his own way."

In October, Doerty ordered Trummel to remove the addresses, phone numbers and any other personal identifying information about his perceived enemies from www.contracabal.net. Trummel complied, but he soon created the .org site that listed the information again.

Doerty found Trummel in contempt of court in February and sent him to jail. Prison officials who believed he was abusing phone privileges placed him in solitary confinement much of the time.

The judge released Trummel on June 17, but said if he didn't edit or take down the Web site by yesterday that he was going back to jail.

Late on June 19, Trummel decided to comply pending his appeal.

"I can hardly blame him," said Elena Luisa Garella, one of his lawyers. "He had a choice between pulling it and being put in jail by a judge who doesn't understand some of the fundamental precepts of constitutional law.

"He's an elderly man who doesn't need to risk his life. He can't tolerate being in solitary confinement."

At a hearing yesterday, Doerty acknowledged Trummel was in compliance with his order and said he was free to go.

Trummel was evicted from the home in April 2001, when Doerty first granted Council House a restraining order barring Trummel from the premises.

Doerty's order has outraged many First Amendment experts, who say there's nothing illegal about posting addresses and phone numbers on the Internet. Doerty maintains that Trummel's actions constitute harassment.

Trummel's "sanitized" Web site — the .net version — is still posted. In it, he accuses Council House directors, staff and residents of conspiring to deprive him of sleep, violations of federal housing law, bigotry and even "sexual dysfunction."