October 29, 2004
Jefferson City, Mo. — A week after Attorney General Jay Nixon filed a lawsuit, a judge has signed a permanent injunction against the operator of a Web site who sent threatening e-mail to almost 300 public school superintendents in Missouri. Nixon filed suit in Camden County Circuit Court against StarProse Corp. and its president, Jeffrey Scott Kowalski, of Hemlock, Mich.
In the lawsuit, Nixon said StarProse and Kowalski violated Missouri's consumer protection laws by sending e-mail under the guise of open records requests that actually were demands for personal information from the superintendents, including their sexual orientation.
The injunction signed by Camden County Circuit Judge Bruce Colyer today permanently bars StarProse and Kowalski from sending e-mail that requests the sexual orientation of any school personnel or employees in Missouri or the sexual orientation of any state, county, local or municipal employees in Missouri. StarProse and Kowalski also are barred from sending e-mail under the guise of an open records request if public records are not requested.
The court also barred the defendants from making threats under the guise of an open records request; threatening to publish or post on a Web site false information about an individual; threatening to publish or post on a Web site information about the sexual orientation of an individual; publishing or posting on a Web site false information about any school or public official in Missouri; and publishing or posting on a Web site information regarding the sexual orientation of any school or public official in Missouri.
"Let this serve as notice that Missouri's system of making public records open to the public cannot be abused. We will not allow our public servants to be threatened and deceived," Nixon says.
The court also ordered StarProse and Kowalski to review and comply with Missouri's Open Records Law in all future requests to public officials.
Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).
All media inquiries should be directed to Press Secretary John Fougere.
E-mail Phone: 573-751-8844 Fax: 573-751-5818