KNOXVILLE, Tenn. — UPDATE 6 PM WEDNESDAY: A Democratic candidate running to represent District 18 in the Tennessee House of Representatives carried through Wednesday on his vow to sue Republican leaders for making false statements about him and his wife.
The complaint was filed by attorney Josh Hedrick in Knox County Circuit Court on behalf of Bryan Goldberg and his wife. Named as defendants are Goldberg's 18th District incumbent opponent Elaine Davis, the Tennessee House Republican Caucus and Parthenon Strategies LLC.
Hedrick on Wednesday afternoon also sought an emergency restraining order against the parties, but Circuit Court Judge Jerome Melson declined to grant it.
Hedrick told WBIR afterward: "The judge denied the request for an emergency restraining order, meaning the case will proceed through the normal channels of the report system. We hope that going forward the political attacks can focus on policies and not people’s wives."
The election is Nov. 5. Early voting begins Oct. 16.
The complaint focuses on a website that went live last month by Republican politicos. A mailer making similar false statements about Goldberg also went out this week to residents of the 18th District.
Years before the upcoming November election, Goldberg said he was a victim of theft when some of his mail was stolen. The complaint said a check sent to pay for property taxes was modified and cashed by the thief, resulting in his property tax payment not being made.
The complaint said Goldberg later paid the tax in person and penalties resulting from a late payment were waived. He said he and his wife went to the Knox County Sheriff's Office about it, and his wife was put in contact with the Evansville, Indiana, Police Department. He said the person was arrested and accused of illegally cashing the check.
The lawsuit accuses the Tennessee House Republican Caucus of creating a website that claims Goldberg is "a tax cheat who dodges timely tax payments." The complaint said the accusations continued after Republican leadership was told it was fake. It also said the website was published with the help of Parthenon Strategies, LLC.
It also accused Davis of at least being complicit in the website and in the statements about Goldberg's property tax payments.
"It's the House Republican Caucus. The last time I checked, Elaine Davis is part of the House Republican Caucus. I think that she's made a public statement that she doesn't condone it, which I appreciate. I believe there's also a public statement that she called the leadership requesting they stop that," he said.
Elaine Davis gave a statement to WBIR about the statements on Goldberg's property tax payments. That statement is below.
"I was not involved with nor aware of the taxcheatgoldberg.com website, as my opponent well knows due to his cease and desist letter addressed to the caucus."
The website was still available as of Wednesday evening. Online WHOIS data showed the website was registered on Sept. 17. Mailers were also sent out recently with similar messages as the website.
"These mailers were sent after the Defendants knew or should have known that the statements were false but reasserted these false statements in an effort to gain political advantage in the November election," the complaint said.
Those mailers urge voters to vote against Goldberg, accusing him of failing to pay property taxes. The mailers also said they were paid for by the Tennessee Republican Party.
The lawsuit asks the court to intervene and order Republican leadership to stop the statements and also argues the court should order damages to be paid. The Goldberg campaign said if it is given damages, it would donate them to charities like the Young-Williams Animal Center, Bridge Refugee Services and the Legal Clinic at the University of Tennessee College of Law.
"These statements are intended to influence, and likely can influence, the result of the election to be held in November 2024," the complaint said.
