A defamation suit filed against a Spanish-language News/Talk station by the Mayor of the city of Coral Gables, Fla., has been dismissed. However, the legal challenge against Actualidad Media Group could still live on.
Vince Lago sought at least $50,000 in damages to resolve a February 2023 broadcast on WURN-AM in Miami, branded as “Actualidad 1040,” that saw host Roberto Rodriguez Tejera and Coral Gables Commissioner Ariel Fernandez discuss Lago’s alleged financial connections to a trailer park in Little Gables amid city annexation efforts.
Lago argued that the broadcast falsely suggested he was under an ethics investigation for a potential conflict of interest. At the time, Lago was only subject to a preliminary review by the Miami-Dade Ethics Commission, which does not constitute a formal investigation. Lago’s lawsuit claimed Actualidad was aware Fernandez would make the defamatory statement and highlighted that Ethics Commission reviews are confidential until a conclusion is reached.
Judge Joseph Perkins focused on the legal sufficiency of the claims rather than their factual basis, noting the current allegations did not adequately demonstrate actual malice necessary for defamation. Thus, the case was dismissed, citing Gertz v. Robert Welch, Inc., as it disagreed with the defendant’s claim that the general statement of damages was legally insufficient, clarifying the difference between pleading damages as a substantive cause and the procedural specifics required.
Referencing Lam v. Univision Communications, Inc., the court found the plaintiff’s allegations insufficient to prove actual malice.
Perkins noted that the lack of basis for the defamatory statements, even if known to be false by the defendant, did not meet the legal standard for actual malice.
Additionally, the confidentiality of the Miami-Dade County Commission on Ethics and Public Trust investigations and the content of an email exchange were not enough to demonstrate actual malice.
Vince Lago’s attorney, Mason Pertnoy, commented following the ruling that the Miami-Dade Circuit Court’s dismissal allows for amending the complaint to better establish actual malice on the part of the defendant.
