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Commentary, sarcasm and snide remarks from a Florida resident of over thirty years. Being a glutton for punishment is a requirement for residency here. Who am I? I've been called a moonbat by Michelle Malkin, a Right Wing Nut by Daily Kos, and middle of the road by Florida blog State of Sunshine. Tell me what you think.

Tuesday, August 02, 2005

John Daly suing Florida Times-Union

The talented if wayward golfer is suing the paper over an article last March.

Columnist Mike Freeman's article appeared during The Player's Championship last spring. It discusses Daly's past and how fans continue to root for the former British Open and PGA champion who has battled problems with alcohol, weight and his temper.

Daly, 39, of Cordova, Tenn., is suing over statements that he is "accused of smacking women around" and he has "Thug Life qualifications" and "a rap sheet that would make R. Jay Soward look like a Backstreet Boy." Soward was drafted in 2000 as a first-round pick of the Jacksonville Jaguars. He was suspended for repeated violations of the NFL's substance abuse policy.

The suit was filed July 26 in Duval County Circuit Court and seeks an unspecified amount in excess of $15,000 — the minimum for filing a circuit court suit — and a jury trial.

"The statements in the Times-Union (column) were not true," said Lydia Jones, Daly's attorney.

"We are pursuing the lawsuit vigorously and intend to seek punitive damages."

Times-Union editor Pat Yack defended Freeman and his March 25 column.

"It's regrettable that Mr. Daly has taken this step. Mike Freeman is a fine journalist. We stand by his work and his column," Yack said.

The Times-Union and its Web site, Jacksonville.com, and their owners, Morris Publishing Group of Augusta, Ga., were named in the suit. Freeman is being sued personally.

On July 15, the newspaper ran a "Note to Readers" on the front page of the sports section, clarifying parts of the column.

The Times-Union said Daly was charged in a domestic disturbance involving his then-wife in 1992, pleaded guilty to harassment and was placed on probation. It also said references to Daly's substance abuse referred to his alcohol abuse and that a reference to basketball player Shawn Kemp, who has fathered several children out of wedlock, was not meant to suggest Daly's three children were illegitimate.

Daly's lawsuit says the note "did not constitute a full and fair correction, apology or retraction."

Libel is incredibly hard to prove in a civil suit. I may just pay the archive fee for the Times-Union and pull up the story and correction in question. Look for a possible update later.

Update- The Florida Times-Union has a free archive. Below is the article in question by Mr. Freeman.

It was a normal day of golf for John Daly. Stuffed inside his bag were a cartoon of Marlboros and six-pack of Diet Coke. Oh, and let's not forget his putter called the Dunlop Redneck. No, really, he does.

(On the Dunlop Web site, there is actually a description of the Redneck Putter that includes: "Rednecks to the rescue." Whew. Glad the rednecks are coming to save me.)

Yes, typical day for Big John. Got his smokes, his cokes and his rednecks.

Before several of his shots off the tee, Daly would take a long drag on one of those Marlboros, breathe deeply, gently lay his cigarette on the ground a few feet from the tee, hit long and crooked, bend over, pick up the smoke, then stroll down the fairway to a round of applause.

The surreal deal. That's Daly. Just imagine Byron Leftwich, right before breaking the huddle, whipping out a pack of smokes and lighting up.

Daly was paired on Thursday with David Duval, whose shot can sometimes be a danger to birds, trees and people with slow reflexes.

These two together once would have been remarkably sexy. Duval, the quiet homeboy who won The Players Championship and British Open, and Daly, a British Open and PGA Championship winner who burst onto the scene because chicks dig the long ball.

Instead in 2005 here is Daly, the outcast, and Duval, the outclassed. The latter making just three of his last 14 cuts. Thursday he shot a 76 to Daly's 73.

A question. When will normally smart and skeptical sports fans stop making excuses for Daly and Duval and apply that critical fan eye and sarcastic tongue they normally do to other pro athletes to these two men?

Particularly in terms of Daly. How does Daly not fail the scoundrel sniff test with fans despite possessing definite Thug Life qualifications? Look at the Daly blog. Domestic violence accusations? Yup. Substance abuse issues? Unfortunately. Three different kids from three different moms, making him the Shawn Kemp of golf? Yes. A former wife indicted for laundering illegal drug profits? Roger that.

He still received endorsement deals from TrimSpa and Dunkin' Donuts despite a rap sheet that would make R.Jay Soward look like a Backstreet Boy.

To many, Daly is still the lovable lug, the chain smoker with a heart. Awwww, come on, his supporters crow, don't you just want to pinch those chubby cheeks?

It is always interesting to observe what behavior fans and media will tolerate from athletes. A hard-working Jaguars safety asks for more money and a trade and it's Armageddon. Daly hasn't played but one or two decent rounds of golf lately, abuses his body, is accused of smacking women around and fans are lined up five rows deep outside the ropes to get his autograph. Remarkable.

Daly has stated in the past that people forgive him because each of us has a Daly somewhere in our families. He's probably right, though I don't believe any of my relatives own a Redneck Putter.

What cannot be argued is that both men are making a mockery of the sport -- even if it is a sport that sometimes takes itself too seriously. Duval, because he does not put real effort into breaking out of this mythic slump and seems to just stumble along, getting cut from tournament after tournament, and Daly, because he does not put the effort into changing that mythic physique. He is, after all, supposed to be a professional golfer, not a defensive tackle.

How can Daly or Duval be taken seriously when contrasted with Tiger Woods or Vijay Singh or dozens of others on the Tour who have to be dragged from the gym and practice areas kicking and screaming?

Duval double-bogeyed the seventh hole, the ball hitting the water so hard he wiped out several species of salamander. Soon after that, Daly was lighting up another one of those Marlboros.

Beautiful. Just beautiful.

No question about it, Mr. Freeman's article is nasty. He's a sports columnist and they're allowed their opinions. I'm no apologist for Daly but this writer mixes his facts and uses dubious analogies.

Let me point out a few things-

1- Daly isn't the only player on tour who smokes. Jack Nicklaus smoked at least when he was young. I don't think too many writers ever paid attention to it.

2- Mr. Freeman calls Daly's alcohol abuse, drug abuse. Most people take a kinder view to alcohol than narcotics.

3- Sherrie Daly crime of money laundering happened before she met the professional golfer. Plus she is STILL married to John, not his ex-wife.

4- The analogy to Shawn Kemp is downright wrong because all of Daly's children were born in wedlock.

Mr. Freeman wrote an acerbic nasty column, no question about it. He also played loosely with the facts. Does this qualify as libel? I'm no legal expert, but I know that its difficult under American law to prove it. If I were to make a prediction, I say this suit gets quietly settled. I doubt it will ever go to trial.

 
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