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Count Five A: Tortious Interference with an Election
1. Paragraph 1 to 208 are incorporated by reference.
2. In the Commonwealth, under the legal theory of tortious interference, a state law equivalent to the federal racketeering statute, 18 U.S.C. § 1964, along with business conspiracy, Va. Code §§ 18.2–499 and 500, according to the Court in Chaves v. Johnson, 230 Va. 112 (1985), “[t]he necessary elements to establish a prima facie case are: ‘(1) the existence of a valid contractual relationship or business expectancy; (2) knowledge of the relationship or expectancy on the part of the interferor; (3) intentional interference inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the party whose relationship or expectancy has been disrupted’”, a legal cause of action distinct from tortious interference with contract, finding a statute of limitations for five years, vis á vis two years, for a contract. Dunlap v. Cottman Transmission Sys. LLC, Case Number No. 11-2327, (4th Cir. 2013)(Unpublished).
3. Of public record, in partisan boast, “[n]ow and again, analysts will refer to the determined and wildly successful Arlington Democrats in battle-hardened military terms”, and that “[o]nslaught, commando, and scorched earth come to mind”, and that “[t]hose are usually employed in relation to the fall campaign when yet another Republican, an “independent” who is really a Republican, or a real independent (often a pesky candidate who finds a way onto the ballot almost every year) is about to be drubbed in an election in the small but intensely political county just across the Potomac from the nation’s capital.” Cragg Hines, “Arlington Dems Pour It On, Boost “Regular” Dem Mary Kadera to Big Victory in School Board Caucus Over “Insurgent Candidate,” Blue Virginia, May 26, 2021.
4. Still, “[i]f two or more persons. . . conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof. . . the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.” 42 U.S. Code § 1985(1).
5. “The Fourteenth Amendment’s equal protection guarantee ‘commands that no state shall deny to any person within its jurisdiction the equal protection of the laws.’” Price v. Lighthart, No. 1:10-CV-265, 2010 WL 1741385, at *1–3 (W.D. Mich. Apr. 28, 2010) (quoting Club Italia Soccer & Sports Org., Inc. v. Charter Township, 470 F.3d 286 (6th Cir.2006) (internal quotation marks omitted).
6. “To establish a claim for relief under the Equal Protection Clause, a plaintiff must demonstrate that the government treated the plaintiff disparately as compared to similarly situated persons and that such disparate treatment either burdens a fundamental right, targets a suspect class, or has no rational basis.” Club Italia Soccer & Sports Org., Inc., 470 F.3d, at 286. See also Henry v. Metropolitan Sewer Dist., 922 F.2d 332 (6th Cir.1990)[1]; yet at least those familiar with dystopian literature recognize a state in which “all pigs are created equal”, but “some pigs are more equal than others”. George Orwell, Animal Farm, Collins Classics (2021).
7. In the last presidential election, “Black voters not only helped deliver familiar battleground states to the Democrat, but they also created a new one in the longtime GOP bastion of Georgia — potentially remaking presidential politics for years to come.” Kat Stafford, Aaron Morrison & Angeliki Kastanis, “‘This is proof’: Biden’s win reveals power of Black voters,” Associated Press, November 9, 2020[2].
8. Aunt Jemima, a popular brand for syrup, announced that the product would be “getting a new name, new logo and new look after announcing that it would be dropping the brand name following criticism that it featured a caricature of a Black woman that was a racist stereotype”, Jon Howarth, “Aunt Jemima announces new name, removes 'racial stereotypes' from product,” ABC News, February 10, 2021, but the President, who had idealized his former boss, as “a ‘mainstream African-American who is articulate and bright and clean and a nice-looking guy’”, John Elving, “Joe Biden's Long And Rocky Road To The Democratic Nomination,” NPR, August 16, 2020, and who had not been color blind in his pursuit of more Black votes than Barack Obama, “faced criticism for telling popular radio host Charlamagne tha God that if he was struggling to decide between Biden and President Donald Trump, ‘you ain’t black.’” Eric Bradner, “Biden vows to combat institutional racism as he meets with black leaders in Delaware,” CNN, June 1, 2020.
9. Clearly, in Arlington, being Black, for Petitioner, has not been considered enough to be even “a serious option”. Scott McCaffery, Sun Gazette endorsement: Mary Kadera for Arlington School Board,” Arlington Sun Gazette/Inside NOVA, September 23, 2021. But see Kiara Alfonseca, “Cory Booker delivers impassioned speech at Ketanji Brown Jackson hearing Booker applauded Jackson for her historic nomination,” ABC News, March 24, 2022, nor have his difficulties simply attempting to qualify for a ballot unknown to the courts. See Webb v. Lopez, Civil Action No. 1:2023cv01239 (D.C. 2023), , on appeal Record No. 23-7072; see also In Re: Major Mike Webb, Record No. 23-7065 (D.C. Cir. 2023).
10. In real and direct injury to Petitioner, during his first campaign for the Arlington Public School Board, he was denied an opportunity, on a claim that the principals were far too busy, as communicated from the Office of the Superintendent, going to the extent of an arranged meeting being cancelled shortly before Petitioner’s arrival at Wakefield High School, in January 2017, as in evidence at Exhibit F, to arrange meetings with the individual principals to gain a boots-on-ground, eyes-on-the objective assessment from the subordinate school leadership teams, and had only been granted an opportunity to participate in a structured interview with the previous superintendent, Dr. Peter Murphy and Deputy Superintendent Linda Erdos, see generally, Major Mike Webb for VA, “Rhetorical Questions,” YouTube, January 12, 2017,
, while his Arlington Democrat endorsed opponent, Monique O’Grady, had been permitted free range, the Arlington Democrat endorsed campaign for whom legal expenses had been paid for through embezzled County funds, as in evidence at Exhibit G, in felonious violation of Va. Code§ 18.2-111, with impunity, see Webb v. Stamos, Case No. CL 19-221-00 (Arlington Cir.2019), but a discovery that had coincidentally led to APS retaining the legal services from another firm.
11. On a previous, during his campaign for Congress, as in evidence at Exhibit H, Petitioner had been denied use of school facilities for an event to provide free HIV testing, and an opportunity to meet the daughter of Academy Award winning director Martin Scorsese, his former classmate in a private grammar school, again, under the pretext that, essentially this “seat was taken” and that there was “no room at the inn”, suggesting, especially given the pattern, an ulterior and illegitimate motive, in a community in which the local newspaper had reported that Petitioner had been absent from an Arlington Democrat candidate event to which he had not even been invited to attend, Chris Teale, “School Board Candidates Open To Neighborhood Focus For Future Reed Elementary,” ARL Now, April 4, 2017, a story not even revised after Petitioner had obtained a written confession from the sponsor, as in evidence at Exhibit I.
[1] “To state a claim under the Equal Protection Clause, a § 1983 plaintiff must allege that a state actor intentionally discriminated against the plaintiff because of membership in a protected class.”
[2] “’Biden acknowledged Black voters’ role during his victory speech Saturday night, noting the “African American community stood up again for me.’
‘You’ve always had my back, and I’ll have yours,’ he said.” Id.