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Condo association threatens to take Marina City Online offline
24-Dec-08 – Efforts to curb free speech at Marina City took a sharp turn on Christmas Eve, as Marina Towers Condominium Association took the first steps toward shutting down or at least neutralizing one of its most vocal critics, Marina City Online. MTCA has accused MCO of deceptive trade practices and violating condo rules. It wants the web site to get permission from MTCA to use the name “Marina City” and any images of the mixed-use complex, both of which the condo association claims to own. In a December 23 letter to Steven Dahlman, editor of Marina City Online, and Michael Michalak, who contributes real estate information and is the site’s only sponsor, MTCA attorney Ellis Levin took offense to recent claims by MCO that it is “the official source of information about Marina City.” Levin argues this implies MCO is officially sponsored by MTCA. He says he intends to fine Dahlman and Michalak each $1,000, plus attorney fees, for not getting permission from the condo association to use the name “Marina City” on the web site, and photographs of the complex – many of which were taken by Dahlman, a professional photographer. Failure to get permission within 14 days would result in an additional fine of $50 per day “until there is compliance.”
MTCA still believes that it “holds a common law copyright on the use of the Association name and the building image,” a claim widely disputed by lawyers and experts on intellectual property. The argument was greeted with widespread skepticism when it was floated in 2007 and was the subject of much discussion, both at Marina City and nationwide on the Internet. Marina City Online promotes itself as covering the entire complex of Marina City and Chicago’s North Loop. Still, Levin remains convinced Marina City Online creates the impression it is an official voice of MTCA, despite its adversarial relationship with the condo association. Out of 147 articles published in the past year, none could fairly be described as promoting MTCA. Some recent headlines in the past year include:
Party and lawsuit stories disputed To illustrate why he believes Marina City Online is creating the impression that it is “speaking or acting officially for MTCA,” Levin refers to a November 10 article about the MTCA holiday party. The article quoted Phyllis Hartford, chairman of the MTCA Social Committee, who supplied all of the basic information, including the start and end times. Levin calls the use of Hartford as a source “factious” and intended to “create the impress [sic] that the web site was the official site of the Condominium Association.” It’s not clear if Levin meant “factious,” to promote internal dissension, or “facetious,” meaning an inappropriate attempt at humor. He also could have meant “factitious,” lacking authenticity or genuineness. He denies Hartford was interviewed for the story or authorized any statement. And he says a reference to former Illinois Governor George Ryan as a former customer of the party’s caterer “can only have been intended to run down the value of the units at MTCA.” Marina City Online maintains that Ms. Hartford was interviewed in front of several people at the November 10 social event for residents at Dick’s Last Resort. She appeared to wave over Steven Dahlman, and enthusiastically volunteer information on the party – making special note of the caterer, Kasia’s Deli. Dahlman wrote down notes as he spoke with Hartford, and repeated key points for verification. Later, he looked up the web site for Kasia’s Deli and noticed they proudly list Ryan as a customer. Levin also complained about coverage of a $40 million lawsuit that was recently filed (and since dismissed) against MTCA and two other defendants. One item has been corrected and others are being researched. Levin calls the news article a “notice on your web site [that] is intended to drive property values down.” “If your web site intends to try to continue to create the impression it is the official web site of Marina Towers Condominium Association, you need to make sure you get your facts correct.” Levin says Marina City Online will have 14 days to apply for permission from MTCA to use the name and image of Marina City, and 48 hours after that to make changes as required by the condo association. Among 25 rules for using the name and image, Marina City Online could not do anything to “reflect negatively on or demean the image or reputation of Marina Towers Condominium Association.” Levin says the levying of fines and attorney fees “are not the only remedies available to the Association” and that MTCA reserves the right to pursue these unspecified remedies “to obtain compliance.”
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