Coach Plans to Take Libel Suit to State Supreme Court
(AP) -- A Jacksonville High School assistant football coach whose libel suit against a newspaper was dismissed plans to appeal to the state supreme court, his lawyer said Tuesday.
Jacksonville High defensive coordinator Mark Zimmer said he was defamed when the sports editor of the Palestine Herald-Press wrote that the coach had made an "obscene gesture" after a hotly contested game against Palestine in 2006. In the column, sports editor Scott Tyler called Zimmer's actions the worst display of sportsmanship he'd ever seen.
Zimmer sued for libel, but a state appeals court last month threw out the lawsuit. The court ruled that Tyler was expressing an opinion in calling Zimmer's behavior obscene.
"We're appealing, of course," said Zimmer's lawyer, Charles Clark. "We're taking it to the supreme court to see if they will take a look at it."
The column in question followed a September 2006 game between rivals Jacksonville High and Palestine High. Jacksonville won the game 19-17, blocking a late field goal attempt by Palestine to preserve the victory.
Jacksonville's postgame celebration was recorded by video cameras. Zimmer turned toward the Palestine sideline, raised his fists to the sides of his head and "abruptly thrust his arms downward to his hips three times while slightly bending his knees," the ruling said. "Zimmer was yelling with elevated excitement as he motioned."
Clark said Zimmer was celebrating but did nothing untoward.
"The trial judge looked at the videotape and said he didn't do anything that anybody said could be obscene," Clark said. "Anybody can look at it and tell that all he was doing was jumping up and down as coaches are inclined to do when they win a game on a last-minute field goal."
The column in question followed a September 2006 game between rivals Jacksonville High and Palestine High. Jacksonville won the game 19-17, blocking a late field goal attempt by Palestine to preserve the victory.
Jacksonville's postgame celebration was recorded by video cameras. Zimmer turned toward the Palestine sideline, raised his fists to the sides of his head and "abruptly thrust his arms downward to his hips three times while slightly bending his knees," the ruling said. "Zimmer was yelling with elevated excitement as he motioned."
Clark said Zimmer was celebrating but did nothing untoward.
"The trial judge looked at the videotape and said he didn't do anything that anybody said could be obscene," Clark said. "Anybody can look at it and tell that all he was doing was jumping up and down as coaches are inclined to do when they win a game on a last-minute field goal."
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