Landscape Contractor Sues Web Site Provider

Unauthorized political messages were posted, lawsuit alleges.

WAUKESHA, Wis. – The owner of a Brookfield landscaping firm sued his Web site provider Thursday, accusing her of putting unauthorized political messages on the site, including one labeling him "a right-winged nut job."

 

Perry Boyce of Boyce Landscaping, Brookfield, Wis., alleges in the lawsuit filed in Waukesha County Circuit Court that Robin McGuire of Brookfield also posted negative remarks about the Bush administration and endorsements for Democrat presidential candidate Sen. John Kerry.

 

"Bush-Cheney: wrong for America," one posting said, according to the lawsuit.

 

"Vote Kerry for president!!!" another said with an accompanying photograph of Kerry, the suit says.

 

"Support Gay Rights (Boyce Landscaping does)," said another, according to the lawsuit.

 

The lawsuit accuses McGuire and her Web design firm, Inspired Creations, of libel, breach of implied contract and damage to property.

 

"The fact of the matter is that it's my Web site, not his," McGuire told a reporter after learning of the lawsuit. "I've owned the domain since 2001, and he's not paid a dime on it."

 

McGuire added that the political messages "were on the Web site for less than two days and were in response to harassment from him."

 

According to the lawsuit, Boyce and McGuire established an oral contract "approximately four years ago" for a Web site she would provide for his landscaping firm, the lawsuit says. In exchange, Boyce's firm agreed to provide landscaping services for McGuire, according to the suit.

 

On Oct. 9, the lawsuit says, McGuire posted the political messages without permission.

 

One posting depicts President Bush walking hand in hand with filmmaker Michael Moore while promoting his movie "Fahrenheit 9/11." The page endorses Kerry while saying, "Bush is a Liar!" according to the lawsuit.

 

The suit alleges the postings were done "out of malice and spite" and harm the reputation of Boyce and his firm. In the process, McGuire "may have deterred some potential customers from dealing with the company," the suit alleges.

 

The suit asks for unspecified compensatory and punitive damages.
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