Abby Nadeau
Staff Writer

In just three days Administrative Law Judge Barbara Nielson received and dismissed a lawsuit filed by Forest Lake Mayor Stev Stegner.

On Wednesday, August 1 Stegner’s attorney Dale Swanson filed a lawsuit in the Minnesota Office of Administrative Hearings claiming five area community members violated campaign practices in the 2006 Forest Lake Mayoral election.

The suit named former Forest Lake Mayor Terry Smith, Human Rights Commission members Dawn Nelson and Janice Ochs, Andy Meyer, Anne Gabriel, John Doe and Mary Roe.

The complaint, filed in regard to Minnesota State Statue Chapter 211A and 211B, alleged that each of the respondents “made and published false statements about the personal and political character of mayoral candidate Stev Stegner knowing they were false or with reckless disregard as to their truth or falsity.”

But by Friday, Aug. 3, Nielson had delivered her decision and dismissed the entire lawsuit.

The suit

Last fall Stegner was at the center of a slew of rumors about his race, religion, sexual history and terroristic plans for the city of Forest Lake.

With the help of sworn affidavits, Stegner’s complaint alleges the roles each respondent played in the attempted destruction of his reputation as “an individual, a businessman and a Christian.”

The claim alleged that all the respondents were “seeking to defeat Stegner and encourage the election of Respondent Smith. The Respondents schemed over and chose those false representations of Stegner which would appear most threatening in terms of likely to cause violence, damage, harm, loss and temporal and spiritual injury to the Jewish and Christian targets and jihad or never ending holy war in order to deprive the Forest Lake community and its citizens of the free exercise of the right to vote...”

He goes on to say that Smith remained “silent while other Respondents acted with his knowledge, consent or connivance...”

The dismissal

Nielson delivered her dismissal in a six-page document.

She took each respondent by name and discussed why, in her opinion, the respondents cannot be charged with campaign violations.

Under section 211B.06 the law “prohibits a person from intentionally preparing or disseminating false campaign material with respect to the personal or political character or acts of a candidate that is designed or tends to injure or defeat a candidate, and which the person knows is false or communicates to others with reckless disregard of whether it is false.”

However, “‘campaign material’ is defined as ‘any literature, publication, or material that is disseminated for the purpose of influencing voting at a primary or other election, except for news items or editorial comments by the news media.’”

Nielson added that the “definition is limited to written material. Oral statements fall outside of the definition and cannot form the basis of a claim under Minn. Stat. 211B.06.”

Therefore, although many of the respondents spread rumors and allegations about Stegner, because none of them were “written material” they cannot be charged under “campaign violations.”

So what about those photographs that were taken of Stegner and then were brought to various businesses in Forest Lake?

Nielson acknowledges that if Stegner considers the photographs to be “campaign material” the claim still does not hold true.

“...the complainant has failed to allege that the photographs are false campaign material. Instead, the complainant concedes that photographs accurately show him at the Holy Land Cafe.

“He argues, however, that he was lured to the cafe under false pretenses and that the photographs were used by Ms. Meyer to spread false rumors about him being a Muslim and a terrorist. Again, the oral statements allegedly made by Ms. Meyer cannot form the basis of a claim under Minn. Stat. 211B.06.

Therefore, Meyer, Gabriel, Ochs and Nelson cases are dismissed because their alleged “oral statements” do not fall into the state statute.

However, Smith’s alleged involvement of “remaining silent” as the rumors and allegations were spread is another matter.

Nielson takes on the Smith claim stating “it is unnecessary to address his claim under Minn. Stat.211B17.”

Stegner stated that even though Smith lost the election, a “...‘supplemental judgment declaring Respondent Smith to have forfeited his appointed municipal [office] is appropriate’ because Smith engaged in conduct that would have required forfeiture of his office had he won the election.”

Nielson said that the statute “is inapplicable because Respondent Smith lost the election. He has no municipal office to forfeit.”

The outcome

During an interview with the Forest Lake Times on Friday, Aug. 3, before Stegner had learned of the dismissal of the case, he said he expected the case to go to a short trial.

“I would hope that [as a result of the lawsuit] they would ban Terry Smith from running for public office,” Stegner said.

As for the two members on the Human Rights Commission, Stegner also hoped they would be removed from their posts.

“Isn’t it ironic that both are on the Human Rights Commission and they worked very hard to violate those rights,” said Stegner.

Stegner said because of the conflict of interests on the council with himself and council member Greg Ochs, Janice Ochs husband, the HRC would have to decide the outcome for those members.

Stegner said the lawsuit was a way to show the residents of Forest Lake that smear tactics will not be accepted in the city.

“I’m hoping that the people who are involved with this don’t have the opportunity to destroy someone else’s reputation simply for political gain,” Stegner said. “My biggest concern is that we won’t find qualified people to run for office in Forest Lake if they are afraid their reputation is going to be intentionally destroyed with out a shred of evidence.”

Janice Ochs said she had “no comment” as to the allegations that were brought to her.

“There is nothing to say,” she said. “It’s disgusting.”

Gabriel quickly pointed out that she had already publicly announced she had been duped by Andy Meyer in the whole scheme of things.

Gabriel said she had called the St. Paul Pioneer Press to call attention to the fact that under aged girls were being preyed upon, that was until she realized she was being “duped.”

“I have been a victim as well in this whole thing, yet I am being sued,” she said. “This entire story was fabricated by Andy Meyer.”

Gabriel said she then called Alex Friedrich from the St. Paul Pioneer Press to tell him she learned the whole situation was a hoax.

Friedrich published an article in the Pioneer Press on November 26, 2006 retelling Stegner’s story and the interviews he had held with Stegner, Meyer, Gabriel and the three girls.

Friedrich concluded the entire story was “entirely false.”

Dawn Nelson did not immediately return phone calls.

Terry Smith could not be reached for comment by press time on Tuesday.

Meyer, who has three misdemeanor warrants out for her arrest, could not be reached by phone. Her last known telephone number is not in service.

Before the suit was dismissed, on Friday, Aug. 3, Stegner said once the first suit [for campaign violations] goes through, “then we’ll go for a civil suit and try to bring those people to justice.”

When contacted about the dismissal, Stegner deferred to his attorney Swanson.

Swanson did not return repeated phone calls or e-mail.

(Stegner’s claim identified John Doe and Mary Roe as “persons presently not identified who conspired with other respondents...).

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