Judge: Web site can't be sued for 'cult' comment


By GREGORY D. KESICH, Portland Press Herald Writer

Copyright © 2005 Blethen Maine Newspapers Inc.

The operator of a Web site based in New Jersey should be dismissed
from a lawsuit that he faced for publishing articles comparing the
Kittery-based Gentle Wind Project to a "mind-control cult," a U.S.
Magistrate judge ruled Monday.

Judge David Cohen wrote that a court in Maine has no jurisdiction
over Rick A. Ross and his Institute for the Study of Destructive
Cults, Controversial Groups and Movements.

Cohen said that because Ross has no connection to Maine, he cannot
be sued here for alleged defamation.

On his Web site, Ross referred to Gentle Wind, a nonprofit
corporation that has collected millions of dollars in donations for
distributing plastic healing devices, as "a rather odd group" and
a "purported 'cult.' "

Gentle Wind argued that those statements have damaged its reputation
and reduced the donations that are its only income.

But Ross said he had never even visited Maine, and Cohen found that
Gentle Wind had failed to prove he ever intended to do business here.

If Cohen's recommendation is accepted, the only defendants remaining
in Gentle Wind's case will be James Bergin and his wife, Judy
Garvey. They are former adherents to Gentle Wind's spiritual healing
ideas who published Internet articles critical of the group.

In articles on their own Web site and linked to others, the couple
said they were financially exploited and Garvey said she engaged in
sexual rituals with Gentle Wind's inner circle.

Gentle Wind and six of its officers filed a defamation lawsuit in
federal court.

The lawsuit alleges a violation of federal racketeering laws. If
Gentle Wind is successful, Bergin and Garvey will be liable for
triple damages and attorney's fees.

Their attorney said they will object to Cohen's recommendation and
ask that the racketeering portion of the lawsuit be dismissed.

"These are serious, meritless allegations," Jerrol Crouter said.

Gentle Wind's attorney said the recommended decision is good news
for his clients, even though Ross could be dismissed.

"It streamlines things and creates a tighter focus," Daniel
Rosenthal said. "The people at the center of this are still in the
case."

Staff Writer Gregory D. Kesich can be contacted at 791-6336 or at:
gkesich@...