An unusual incident unfolded inside the San Jose City Council chambers when process server Mark Andrews approached the dais and placed court documents in front of District 5 Councilmember Peter Ortiz. The event, which was captured on video by independent journalist Susan Bassi and has since garnered millions of views online, stems from an anti-harassment lawsuit that Ortiz lost earlier this year.
The served paperwork includes a subpoena for Ortiz’s personal finance records and an order to appear at an October 5 hearing, proceedings designed to bring a debtor’s assets to light. Patrick Evans, the attorney for Robert Saenz, stated that Ortiz has failed to pay the $54,000 in attorney fees he was ordered to cover after losing the legal battle. Evans has also initiated filings to garnish Ortiz’s wages if payments do not commence soon. Ortiz did not respond to requests for comment regarding the incident or the outstanding debt.
Background of the Defamation Lawsuit:
The legal conflict began in December 2023 when Ortiz filed a civil suit seeking a restraining order against Robert Saenz, the operator of popular local social media accounts. The lawsuit was a direct response to posts targeting Ortiz, including an image featuring the councilmember’s face with the words “brown puppet” superimposed on top, alongside content addressing transgender issues and gender-affirming care.
In court filings, Ortiz argued that the posts falsely accused him of sexualizing children and subjected him and his girlfriend to online harassment and safety risks. While a lower court initially granted a restraining order, Judge Eric Geffon struck down the lawsuit in April 2024, ruling that the speech fell under constitutional First Amendment protections regarding political matters. A court of appeal affirmed this decision in January, leaving Ortiz ordered to cover the legal fees. Evans noted he hopes the outcome serves as a reminder to local politicians to carefully evaluate whether a constituent’s remarks constitute true defamation or protected free speech.
