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Legal Dispute over Facebook Post about Former Mayor of Schrattenberg: Tatiana Fuchs Refuses to Comply

Schrattenberg’s citizen list councilor Tatiana Fuchs received unpleasant mail these days: former mayor Johann Bauer’s lawyer asked her to delete a posting on Facebook from December 15th. If she doesn’t do that, he and his client would seek “legal help.”

Before Christmas, Tatiana Fuchs posted the text of the poem that Bauer recited at the seniors’ Christmas party: “Santa Claus is going to jail” by Fred Staffen – for Fuchs, an unsuitable poem for Christmas. So far, so unspectacular. However, she had teased the poem with the words “The “you asshole, you mayor” of Schrattenberg recites this poem at the seniors’ Christmas party.”

“My client refuses to be called an asshole by you,” wrote the Mistelbach lawyer Bernhard Schuller to the Schrattenberger woman. Schuller does not accept that she is referring to Bauer’s statements in a video that led to the politician’s resignation after a bar brawl including threats against a Schrattenberger under the influence of alcohol: the events happened a long time ago. That was mid-October.

Tatiana Fuchs missed the deadline set for removing the posting. “I didn’t describe the ex-mayor as a human excretory organ, I just pointed out his identity with his world-famous saying.” If necessary, she will also defend herself against the lawyer’s allegations in court. And she followed up on Facebook: On January 13th, Fuchs changed her Facebook cover photo: Now there is a headline from a media outlet in which the original objectionable quote can be found.

“My client objects to postings regarding himself on Facebook or other social media,” explains lawyer Schuller. When asked by NÖN, he specified: “The only reason he could suspect in the attacks would be that she wants to use Bauer as a pawn in the upcoming election campaign. Bauer is now only a private person and no longer has any community political functions.”

Parallel to this legal dispute, the public prosecutor’s office is investigating suspicions of dangerous threats against the former mayor because of his statements on the video. For Tatiana Fuchs, the threat of a lawyer after a posting is also not new: she was sued by Katharina Nehammer, wife of the Federal Chancellor, after a corresponding posting.

What will Schuller and Bauer do legally now that Fuchs refuses to comply with the removal and cease and desist demands? “We’re leaving all options open,” says Schuller.

2024-01-24 05:09:22
#Schrattenberg #mayor #defends #Facebook #posting

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