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Spokane, Washington  Est. May 19, 1883

Georgia sheriff silenced critics after Burger King fiasco, lawsuit says

Cobb County Sheriff Craig Owens is accused of silencing his critics on social media in the weeks before his reelection. Republican David Cavender, who unsuccessfully challenged Owens in the Nov. 5 election, filed a lawsuit Wednesday with two other Cobb residents, claiming Owens violated their constitutional free speech rights.  (Jason Getz/The Atlanta Journal-Constitution/TNS)
By Rosie Manins The Atlanta Journal-Constitution

ATLANTA — A new lawsuit filed against Cobb County Sheriff Craig Owens claims he silenced his critics on social media in the weeks before his reelection, when it was revealed he had called deputies to a Burger King restaurant because staff botched his order of a Whopper with no mayonnaise.

David Cavender, the Republican who unsuccessfully challenged Owens in the Nov. 5 election, lodged a civil complaint Wednesday in the U.S. District Court for the Northern District of Georgia, together with Cobb residents Michele Beagle and Michael Dondelinger.

The trio alleges their constitutional free speech rights were violated by Owens when he blocked their comments on his office’s public Facebook page. They said he limited comments on 11 Facebook posts and deleted or hid five comments.

“Defendant’s actions constitute direct attacks on the speech of Ms. Beagle and Mr. Cavender; chill the speech of the citizenry more broadly; and prevent Mr. Dondelinger and other concerned citizens from utilizing a designated public forum,” the lawsuit states.

A representative of Owens’ office referred questions about the case to the county’s attorneys, who did not immediately respond to an inquiry. A spokesperson for the county said Owens’ social media accounts are not subject to any policy set by the county as he is a constitutional officer who is not directed by, and does not report to, the county’s commissioners.

Owens’ office addressed the comment limitations in a Nov. 1 post on its Facebook account. The post states the office is “committed to providing a safe and respectful space on our social media channels.”

“To keep our posts focused on community safety updates and educational info, we’ve turned off the comments feature,” Owens’ office stated. “Although Facebook may show comments as ‘limited,’ no comments will be allowed.”

Cavender, Beagle and Dondelinger allege the Facebook page, created in January 2021, didn’t limit comments until October 2024. They say that’s when criticism of Owens ramped up, in large part due to the publication of deputies’ body camera footage from the March 2023 Burger King incident.

The footage was shared on social media by Cavender’s election campaign. Cavender, a military veteran and law enforcement officer, had tapped Dondelinger, a retired captain in the sheriff’s office, as his chief deputy.

In late October, the Cobb County Democratic Committee issued a press release condemning Dondelinger’s actions as a deputy under former sheriff Neil Warren.

Dondelinger, Cavender and Beagle claim Owens’ use of deputies in his personal complaint about the Burger King flub was a misuse of public funds. They said they have a right to express their views of Owens on his office’s official Facebook account.

“No plaintiff, and on information and belief, no person, has ever made a comment that is pornographic, obscene, threatening, inciting violence, or otherwise not protected by the First Amendment on the Official Account,” the lawsuit states.

Cavender, Beagle and Dondelinger asked the court to order that Owens lift the comment limitations on the Facebook page and restore all hidden or deleted comments. They also want Owens to establish standards limiting his ability to curb free speech on the Facebook page.