PENDER COUNTY — Pender County and three of its commissioners — Randy Burton, Brent Springer, and Jerry Groves — are mounting a defense against a lawsuit filed by the owners of the Pender-Topsail Post & Voice newspaper.
READ MORE: ‘This is hate’: Pender commissioner, newspaper clash over political cartoons
Filed on Oct. 10, the responses to the lawsuit deny the county violated the paper’s First Amendment right to free speech, included a partial motion to remove the individual commissioners from the lawsuit — though the county would still be involved — and contended the commissioners’ actions were shielded by legislative and qualified immunity.
The suit was initiated on July 1 by Pender Post owners Andy and Katie Pettigrew. It alleges the county and commissioners retaliated against the Post’s editorial coverage — particularly cartoons that run in the opinion section — by withdrawing the county’s public advertising revenue. The suit specifically claims the commissioners’ actions violated the newspaper’s First Amendment right to free speech. It seeks compensatory and punitive damages to cover the paper’s financial losses.
In response, the defense denied it retaliated when it pulled advertising dollars, nor does it agree it engaged in constitutional violations. Instead, the county asserted the decision was based on “legitimate governmental purposes,” including cost considerations and the need for its public notices to reach a wider audience.
In a meeting presented by county staff in April, interim county manager Meg Blue explained to commissioners that Wilmington StarNews has roughly 10,000 subscribers in Pender County, while the Pender Post has about 5,000 paid subscribers. At the same meeting, some members of the public expressed concern over the cost of an annual subscription to the StarNews — $441 per year— being significantly higher than the Pender Post’s $35 per year.
Blue also disclosed the county paid $84,000 in 2024 to the Pender Post for posting 209 legal ads. Conversely, the county paid $1,052 in 2024 for one ad in the StarNews. Blue noted Pender Post is more consistent with charges, whereas StarNews’ rates fluctuate.
Hartzog Law Group is representing the defendants of the lawsuit and noted North Carolina state law grants county boards discretionary authority to designate the newspaper of record for legal advertisements, claiming the vote was a standard governmental function.
As well, the lawsuit asks for individual commissioners to be removed them from facing personal financial penalties. The defense makes two primary arguments for their exemption: absolute legislative and qualified immunity.
Regarding the legislative defense, the commissioners argue their votes on where to place public advertising was a protected policy-making act within the sphere of legislative activity. The lawsuit utilizes the U.S. Supreme Court case Bogan v. Scott-Harris, as an example. It determined if an act is deemed legislative, the commissioners’ alleged retaliatory motive is irrelevant and they are protected.
Alternatively, if the court determines the commissioners’ actions were not legislative, the county and commissioners argue they are still shielded by qualified immunity; this means officials can’t be sued unless it’s proven their conduct violated the law. The defense contends there is no “clearly established” constitutional right guaranteeing a newspaper the continuation of government advertising revenue.
The defense argues the claims against the commissioners in their official capacities are redundant and should be dismissed, since Pender County is already named as a defendant. It adds the Civil Rights Act lays out that a suit against a public official acting in their official capacity is considered a suit against the entity itself.
The county also denies the claims made by the Pettigrews and has several requests of the court:
- The entire lawsuit be dismissed against all defendants
- To deny all relief or damages sought by the newspaper
- To order the newspaper to pay the county’s legal costs and attorney fees incurred in defending the action
- Grant any other remedy the court believes is justified
Pender County communications manager Brandi Cobb said the county has received one invoice from their legal team for $2,911.
Last month at a commissioners’ meeting, Groves publicly condemned the paper and its political cartoons, calling them a source of “hatred.” He said the paper has put his life in danger and requested a police escort out of all commissioner meetings going forward.
“I’m in charge of my safety and no one else,” Groves said. “It’s despicable what we have to read and look at in that paper, those satanic cartoons, and it’s time for it to end.”
The lawsuit was spurred by the Pender Post’s opinion column, “Watchman on the Wall,” which was published in the March 20 edition. The cartoon features Groves, Burton, and Springer as puppets being controlled by former school board member Phil Cordeiro. It depicted the three commissioners lacking independent judgment, implying their decision-making was dictated by Cordeiro.
About a month after the cartoon was published, commissioners voted 3-2 — Jimmy Tate and Brad George opposed — to move legal advertising from The Pender Post to the Wilmington StarNews.
In a previous interview, Pettigrew said the county’s decision cost the Pender Post approximately $80,000 in annual revenue, based on 2024 payments for legal advertisements. As a direct result, Pettigrew previously told Port City Daily the paper was forced to cut its three-page sports section. Pettigrew said he filed the lawsuit because he believes the commissioners’ actions were a case of using government spending power to punish a newspaper’s protected First Amendment speech.
The case is being overseen by Judge Louise Flanagan in the U.S. District Court for the Eastern District of North Carolina. A ruling on the partial motion to dismiss is expected within the next few months, following the submission of final legal replies from both sides. The ruling will determine the fate of the three individual commissioners: if the motion is granted, they will be removed as defendants, but the core lawsuit against Pender County will proceed.
Have tips or suggestions for Charlie Fossen? Email charlie@localdailymedia.com
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