Sheila Astorino: Cuomo’s Dishonest Attack Ads are Unforgivable

Below please find a letter from the Astorino campaign for TV stations to remove ads with lies.

NOTE: THE LETTER BELOW IS BEING SENT TO TELEVISION STATIONS ACROSS NEW YORK STATE.
October 30, 2014

To whom it may concern:

This letter is submitted on behalf of Rob Astorino and Astorino for Governor in regards to a negative advertisement that the New York State Democratic Committee is running against Rob Astorino, a Republican candidate for New York State Governor (“the Advertisement”) on your network. Without a doubt, the Advertisement contains false information deliberately intended to mislead New York voters and defame Rob Astorino’s reputation. Because the Advertisement conveys messages that are plainly disproven by fact, we respectfully demand that your station immediately stop airing the Advertisement and that no further airings of its misleading content be allowed on your station.

The advertisement at issue entitled “Campaign Trail of Broken Promises” makes false, deceptive and misleading claims regarding Rob Astorino’s record regarding taxes and job creation as Westchester County Executive. In particular, the advertisement deceives and misleads as follows:

Narrator: “Rob Astorino promised to cut taxes and create jobs. Instead Westchester Property taxes have gone up 8%.
Graphic: “Astorino broke his promise.”

FALSE: In each of the four county budgets introduced by and signed by Rob Astorino, the county property tax levy was either cut or held flat. In fact, according to the NYS Comptroller’s office no county in the state has reduced the county property tax levy more than Westchester during this time. The county property tax levy makes up about 20%-25% of the typical homeowners property tax bill and is the only portion of the bill that the County Executive controls. School taxes and town/village/city taxes make up 75%-80% of the property tax bill and the county executive has no direct control over these budgets and tax levies.

Source: https://www.osc.state.ny.us/localgov/datanstat/findata/index_choice.htm
Attached

Narrator: “Under Astorino Westchester has created the fewest jobs in the state.”

FALSE: According to New York State Department of Labor, during the first three full years of Rob Astorino’s first term (2010-2013, using 2009 as a baseline), Westchester created 11,198 net new private sector jobs which is one of the best records in the entire state. During this same time comparison, for instance, Onondaga County had 1,460 net private sector job LOSSES and Oneida County had 2,485 net private sector job losses.

Source: http://www.labor.ny.gov/stats/ins.asp

The sensationalism paid for by New York State Democratic Committee against Rob Astorino plainly does not constitute a “candidate use.” Under Columbia Broadcasting Sys., Inc. v. Democratic Nat’l Comm., 412 U.S. 94 (1973), and Nat’l Conservative Political Action Comm., 89 FCC 2d 626 (1982), your station is not obligated to air any advertisement from third parties, such as the New York State Democratic Committee, as third parties have no guaranteed right of access to air their advertisements on your station. Thus, broadcasting stations are not protected from legal liability for airing a false and misleading advertisement sponsored by the New York State Democratic Committee. Moreover, broadcast licensees have a legal responsibility to review and to eliminate any false, misleading, or deceptive materials contained in advertising. (See Licensee Responsibility With Respect to the Broadcast of False, Misleading or Deceptive Advertising, 74 F.C.C.2d 623 (1961).] Failure to prevent the airing of “false and misleading advertising” may be “probative of an underlying abdication of licensee responsibility” that can be cause for the loss of a station’s license. [Cosmopolitan Broad. Corp. v. FCC, 581 F.2d 917, 927 (D.C. Cir. 1978).] We urge you to stand up for the truth and put a stop to these false attacks on your station.

Your station is hereby on notice that the Advertisement makes false statements intended to deliberately deceive New York voters and defame Rob Astorino’s reputation. Based on the foregoing, we respectfully demand that your station immediately cease the airing of this false and misleading Advertisement and further request that you reject any attempts by the sponsor of this Advertisement to purchase time for the future airing of this Advertisement because of its material misstatements of fact and defamatory nature.

Please contact me at your earliest convenience at the email address or phone number below to advise as to your station’s actions(s) with respect to cessation of the airing of this advertisement.

Thank you for your prompt attention to this matter. I will anticipate your immediate response.

Sincerely,

Michael Lawler
Campaign Manager