Lawyers, Letters, and Little Dictators: Miguel Chacon vs. Free Speech

Alright, buckle up - because San Elizario’s Mayor Miguel Chacon has apparently decided that criticism is illegal now, and dissent should be handled the same way toddlers handle broccoli: by screaming and calling a lawyer.

When I’m bored, I’ll occasionally jump into a Facebook group where the mayor’s most loyal supporters hang out. You know the type. It’s basically a MAGA rally, but with smaller font and worse spelling. In their world, the mayor can do no wrong. Ever. If Miguel stubbed his toe, they’d blame the sidewalk.

One of his most emotionally invested supporters - who treats Facebook like a courtroom and vibes like a deposition waiting to happen - decided yesterday to threaten me with a cease and desist letter. She made it sound like Miguel was handing these things out like Halloween candy. Apparently, according to her, the mayor told her he was sending them.

Naturally, I asked the obvious question:

“Cool. Who got one? Send me a copy.”

And wouldn’t you know it - someone did. Not someone I know personally, not someone I coordinated with, just a third party who apparently believes in sunlight and receipts. So now I have the letter.

And ohhhhhh buddy.

This wasn’t some private note to a blogger or a Facebook troll. No, no. This cease and desist letter was sent to members of city council, the City Marshal, and city staff. You know - the people whose literal job is to question, challenge, and oversee executive power.

Let’s pause there.

A sitting mayor - an executive-level elected official - is threatening his own colleagues and staff with legal action because they disagree with him.

That’s not leadership.

That’s insecurity with a letterhead.

Now let me explain something for folks who think a cease and desist letter is the legal equivalent of a judge’s gavel.

A cease and desist letter is just a threat letter signed by a lawyer. That’s it. It has no magical powers. It doesn’t mean a case exists. In fact, most of the time, it means the opposite. If someone actually believes they have a strong case, they don’t send a dramatic letter - they file a lawsuit.

This letter is the legal version of:

“Don’t make me come over there.”

Here is a copy of the letter:

In my opinion, what we’re seeing is an out-of-control mayor with the emotional intelligence of a damp tortilla, trying to weaponize the legal system to silence criticism. And an executive official attempting to stomp out dissent through lawyers?

Hmmm.

That sounds… familiar.

¿Dónde hemos visto esto antes?

Here’s the part Miguel may want to Google before sending out another batch of threats: public officials have a much higher bar for slander and libel. You don’t just get to yell “defamation!” like it’s bingo night.

He’d have to prove:

1. The statements were false

2. The speaker knew they were false

3. They were said anyway

4. AND that they caused actual, demonstrable harm

That’s a tall order - especially for a sitting mayor who isn’t even planning to run for reelection. (Sí Miguel, I know about the other movida too. But I'll save that for another couple blogs where I divulge what former staffers have revealed about you, which is...messy to say the least, but involves a certain video of a Vegas trip...)

People are allowed to express opinions.

They’re allowed to criticize you.

They’re even allowed to be wrong.

This letter is an empty threat, plain and simple.

So if you’re a council member, staffer, or marshal who got one of these dramatic little notes? Here’s my advice:

Call his bluff.

Make him file the lawsuit. All that will happen is Miguel will make Brian Kennedy a little richer and himself a little more famous - in the wrong way. Courts - and more importantly the public -  don’t look kindly on mayors who try to bully dissenters into silence.

And honestly? You should do it for one more reason.

Depose him.

There’s a reason certain politicians love to threaten lawsuits but never actually file them - they don’t want to sit under oath and answer questions. Funny how that works.

A mayor who fears dissent is a mayor who fears scrutiny.

A mayor who threatens his own government is not confident - he’s panicking.

And a mayor who thinks lawyers can replace leadership has already failed the job.

San Elizario doesn’t need a strongman.

It needs a grown-up.

And Miguel?

This ain’t it.

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Final note: Miguel - see how I wrote this like I don't give a fuck about your legal threats? It's because I don't. Because I know what I can, and cannot say. I know what you need to have - and have to prove - to have a case against me. 

Your empty threats don't scare me. You're an elected official and criticism comes with the job. Your lawyer knows that - he was a member of city council. 

I want everyone else to see that they don't need to fear you and I have no problem calling your bluff and making you go all the way. 

In the words of Bob from La Bamba, "it's not my first, or my last!"