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Fired!

Freedom of the press and freedom of speech are supposed to be bosom buddies, marching arm-in-arm against censorship of ideas and opinion, guardians against government gagging. These are the heavies in the Bill of Rights. Not in South Beach, Florida. Not according to Ocean Drive Magazine, who fired a columnist, Trisha Posner, for appearing in a video objecting to a zoning loophole which allows nightclubs and bars to operate in the historic residential district where she lives.

Here’s what she said to get the pink slip:

I’m a journalist and columnist for Ocean Drive magazine. [My husband and I] can basically live anywhere, but we chose to live south of Fifth. When we came here we fell in love with the neighborhood. We work at home so we need the tranquility. We love the nightlife. We love the restaurants. As you can see, I’m standing in one of the hotels here now, the St. Augustine, where we come frequently on a Friday night for a drink. But we don’t want to be living in the middle of it.

[For the context, see the entire video here.]

That’s it. There was no flag burning, no picketing, no chanting of catchy slogans. Simply her opinion on a zoning issue—-pretty tame stuff. Not exactly riot inducing.

Reason Given for Firing

So what caused Ocean Drive to fire their columnist? Well, according to mediabistro, Ocean Drive Mag chairman and founder Jerry Powers was quoted as saying Ms. Posner was “not authorized to use the Ocean Drive name”. The Miami Herald reported Powers as saying:”You don’t use somebody’s logo”. [the OD logo did not appear in the video] Oh my! Are you kidding, Jerry? Trademark infringement? Powers pleaded ignorance of the video particulars: “I didn’t even know what the issue was. It was something about the development of restaurants and hotels.” Sounds like BS to us, Jerry.

Real Reason Appears to be Concern Over Ad Dollars

We think you fired her because she spoke out against a law affecting restaurants and bars, which group advertises in your magazine and you thought it might affect business. The termination of Posner’s services may be legal but it ain’t kosher, Jerry. Maybe there should be a zoning law on what constitutes “press” and Ocean Drive magazine should be booted out of the club. Your magazine can print editorial without fear because of the First Amendment. Now you choose to step on that underlying principle of our Constitution in order to collect an ad dollar and get a nice table with free drinks. No wonder print is loosing it’s credibility.

Magazine Bad Move? Firing Only Draws Attention to the Video

If you were indeed concerned about your bottom line, which is quite understandable (your magazine is more capitalist tool that Free Press anyway), you should have given thought to the timing and your reason for firing Posner. Your instant firing only served to draw media attention to the video and the zoning issue. Your excuse was just plain lame and makes the magazine look like they care more for money than their employees (which is your right. But consider PEOPLE buy your magazine. If they stop buying, advertisers don’t pay for your expensive ads). Bad moves, Jerry? If you weren’t the founder, you might have gotten booted if sales dropped.

A Happy Ending

The story does have a happy ending. Trisha landed a job with an OD competitor, Miami magazine, set to launch this week. Miami President is Leslie Wolfson, former Ocean Drive co-publisher. Ms. Wolfson worked for Jerry Powers for 10 years. Poetic justice?

[Author's Note: This story carries the bias from my knowing Trisha Posner, and her husband Gerald, for over 25 years. As journalists and authors, they search for truth in order to share it for the benefit of others. They are generous to a fault, passionate over causes they believe in and honest beyond reproach. Both would gladly sacrifice their jobs for a worthwhile principle. ]

Further Reading (and publicity):

Ocean Writer Gets Deep-Sixed (NY Post)
It Doesn’t Pay to Have a Difference of Opinion (mediabistro.com:FishbowlNY)

Magazine to Resident: You’re Fired (The Sun Post, Miami)

Fired, Hired (Miami Herald)

Can a Journalist Have a Different Opinion than her Publisher? (Huffington Post, post by Gerald Posner)

Technorati Tags: Ocean Drive magazine, Trisha Posner, real estate video, zoning

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