Los Gatos council members named in defamation lawsuit deny allegations
Los Gatos Town Council member Maria Ristow and Vice Mayor Rob Moore denied the allegations of defamation against them by far-right activist Lynley Kerr Hogan in documents filed last month.
Hogan alleged in a lawsuit filed on Nov. 14 of last year that Ristow, Moore and Los Gatos Democracy Tent moderator Lee Fagot conspired to defame her and keep her from attending the regular meetings of the discussion group. In an answer to Hogan’s complaint filed on Dec. 19, attorneys representing Ristow and Moore denied all of the allegations, requesting the lawsuit be dismissed and that Ristow and Moore be awarded costs incurred.
Fagot, who was also named as a defendant in Hogan’s lawsuit, similarly responded to the lawsuit on Dec. 13, requesting dismissal and saying, “No cause of action against defendant Fagot in this complaint is valid.”
Hogan alleged in her suit that Moore and Ristow defamed her to Fagot in saying that Hogan went to a town council meeting and threatened to kill someone, and that Fagot defamed her by making a similar statement. She alleges that the three violated her First Amendment rights, in intentionally excluding her from Democracy Tent’s weekly public meetings and intentionally causing her “emotional distress.”
Hogan had been part of a far-right group that disrupted several town council meetings in 2021, and espoused anti-LGBTQ rhetoric during the public comment period of town council meetings in 2024.
Ristow and Moore’s response to the lawsuit calls the statements Hogan alleges to be defamatory “truthful statements of fact” or “non-actionable statements of opinion.” The response comes after the council in a special closed session meeting on Dec. 3 authorized defense for Moore and Ristow.
Fagot’s response states that since the Los Gatos Democracy Tent is not affiliated with the government, it is not subject to First Amendment rights obligations. It also denies that Fagot made any defaming comments about Hogan.
Hogan’s lawsuit sought damages in excess of $35,000. Her “demand for punitive damages fails to state sufficient facts to constitute a basis upon which relief can be granted,” Ristow and Moore’s response reads.