
ROBBINS EQUITAS
Lawyers & Counsellors
August 21,2008
Mailed Via Certified-RRR
Tracking #7006 2150 0000 0649 0547
Mr. Alton Smith
A1A Pro Models
P.O.Box 250034
Holly Hill,FL 32125
Re: David Hardman
Dear Mr. Smith
We have been retained by
Mr. David Hardman in connection with
youe violation of Florida and federal statues and Mr. Hardman's rights by
use of your website,daytonaphotography.com,and other means to defame
our client.
Your website refers to Mr.Hardman, as
a competitor of yours,as and as a
sexual predator and futher suggests he is a criminal. As defined in the
Florida Sexual Predators Act,the term sexual predator refers to a person
who is a repeat sexual offender, a sexual offenderwho uses physical
violenceor preys on children. Nr. Harman has never been convicted of a
sexual crimenor has he ever fallen within the statutory definition of a
sexual predator.
You state on your website that
Mr. Hardman possesses DVDs
containing child pornography. Mr. Hardman does not possess any such
DVDs and he is well aware that to do so would voilate strict federal and
state laws and constitute serious criminal activity.
These statements on your website
wrongfully state or imply our
client has committed crimes,when in fact he has not done so and has not
beem prosecuted for any crimes. You have made your statements with full
knowledge that they are false and in reckless disregard of the facts. Your
statements therefore constitute libel per se And give Mr. Hardman a cause
of action against you for defamation.
Moreover, your conduct constitutes an
unfair method of
competition and a deceptive act or practice to further the competitive
interests of your photography business in violation of The Florida
Deceptive and Unfair Trade Practices Act. You have made statements that
are calculated to tortiously interfere with our client,s customers and to harm
his professional
reputation and his reputation in the community in order to further your business
interests.
We hereby demand that you immediately cease
and desist from your unlawful and
damaging conduct.If the defamatory statements about Mr. Hardman are not removed
from your
website and any other publicwebsite,message board and blog site forthwith, Mr.
Hardman
intends to take any legal actios necessary to protect his rights.
Very truly yours,
Oliver J. Janney
OJJ/mjk
cc: David Hardman
St. Petersburg
2639 Dr. MLK Jr. Street N.
Phone (727) 822-8696
Fax (727) 471-0616