- School District 49
- Ivy Liu Court Decision, Sept 2023
Statement on Court Decision | Ivy Liu Injunction
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We fully support the court’s thoughtful ruling to deny Ivy Liu’s petition to appear as a candidate in the upcoming D49 Board of Education election.The outcome confirms what we knew to be true at the outset of the hearing: Ms. Liu did not meet the basic requirements to run as a candidate in Director District 5.The court’s decision also validates our complete trust in the district’s Designated Election Officer to faithfully and lawfully complete her required obligations to submit only verified candidates to the El Paso County Clerk and Recorder to prepare official election materials.We anticipate a well-run election and await the careful discernment of our voters to select the best candidates to serve the students, families and workforce of School District 49.
D49 Comment from Facebook Sept. 25, 2023
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In a few days, we will delete this post and associated comments. You are welcome to copy and archive the contents, as we will, but we will not continue to provide a platform for Ms. Liu’s ongoing defamation.
Ms. Liu, using aliases including Sandy Lyons, Leo Junger, Helen Wheels, D49 Guardians, has consistently posted and reposted malicious accusations and defamation about everyone who stands up to her false accusations and other diatribes.
As the saying goes, it’s easier to tell the truth because then you only have to keep track of one story. When you have to keep track of multiple stories, or multiple identities, it can get a little confusing. For example, Ivy forgot to change her account and posted on the D20 Advocates Facebook Page. She clearly identifies herself in the body of the post but used the alias and avatar of Helen Wheels. Ivy realized her mistake, and deleted the post, but screenshots are forever. We’ve also got the recent (now deleted) post where Ivy made vulgar sexual references and then cursed board members to, “burn in hell.”
There are many other examples. If you search old posts by Sky Dancer, they now redirect to Helen Wheels. Ivy admitted in a public board meeting that she is Sky Dancer, therefore she is also Helen Wheels. She has also inadvertently revealed her ownership and control of the Leo Junger and Sandy Lyons aliases. She doesn’t know the mistakes she keeps making, and we don’t choose to reveal our sources, but we have plenty of evidence and Ms. Liu will soon be subject to full discovery of her social media activity in a legal proceeding.
In the election court case, Ms. Liu refuses to accept that there are only two authoritative individuals. Ms. DePaul, as our designated election official is the one who is trained and authorized to determine the credibility of Ms. Liu’s candidate application, including her residency claims and her submitted signatures. Judge Kane is the only official with jurisdiction and authority to confirm or overrule Ms. DePaul. He confirmed her judgement.
The Secretary of State’s office has no authority in D49’s election, and even the quote Ms. Liu keeps citing includes this acknowledgement from Caleb Thornton, “Admittedly, the statute isn’t black and white, so I could see a DEO taking a different position." What Mr. Thornton knows, and Ivy refuses to admit, is that his interpretation is not the only valid interpretation, and his opinion is advisory, while Ms. DePaul’s opinion as DEO is authoritative. Opinions and statements from CASB lawyers, county clerks, journalists, sycophants, and Ms. Liu herself are irrelevant. Only Ms. DePaul’s opinion mattered to begin with, and only Judge Kane has authority to refute Ms. DePaul’s decisions. He emphatically did not.
Despite the fact that Ms. DePaul is an employee of the board of education and therefore has employee protections against unethical harassment and pressure, Ms. Liu has used multiple channels to make defamatory statements about Ms. DePaul. In the official court filings, which we will post at 49 Answers, Ms. Liu makes the following false claims:
Liu’s False Accusation #1:
That Ms. DePaul committed a willful and intentional breach of her duty
Liu’s False Accusation #2:
That Ms. DePaul intentionally mis-counted signatures on the petition.
Liu’s False Accusation #3:
That Ms. DePaul intentionally delayed the election process to deprive Ms. Liu of her right to be a candidate.
Liu’s False Accusation #4:
That Ms. DePaul made intentional errors to steal Ms. Liu’s place on the ballot.
Liu’s False Accusation #5:
That Ms. DePaul intentionally mis-counted signatures on Petitioner’s petition to be added to the election; then delayed notifying her of the alleged invalid signatures until after the Designated Election Official was required to notify the Clerk and Recorder of the candidates in an effort to limit the Petitioner’s ability to seek legal redress.
Liu’s False Accusation #6:
That Ms. DePaul’s actions were intentional and designed to delay Ms. Liu’s ability to seek adequate redress through the courts. As such, Ms. DePaul should be ordered to pay reasonable attorney’s fees to Ms. Liu.
The court rejected all of these accusations and malicious attacks. Quoting the ruling:
The Court rejects any allegation that Ms. DePaul acted purposefully to undermine Ms. Liu’s petition. Ms. DePaul testified credibly as to her training and good faith efforts to match Ms. Liu’s Seven Signatories with elector information. Her methods were largely corroborated under cross-examination. Other than James Coker, if the Seven Signatories are qualified electors, then fault for their exclusion from Ms. Liu’s petition lies with the signer, the circulator, the database, or the training. Ms. DePaul has a responsibility, not only to her office, but to the other candidates to review the petition signatures consistently.
The Court, therefore, ORDERS that Ms. Liu’s Petition for Injunctive Relief and Emergency Hearing filed September 12, 2023, is denied.
In addition to rejecting the false accusations, the court found that Ivy Liu mislead the court about her actual address; Liu mislead the court by describing her daughter landlord as just a friend; Liu mislead the court by pretending that longstanding AirBnB guests were new rental tenants; Liu mislead the court by submitting a falsified lease; and Liu involved her own daughter in a scheme to backdate official records.
Now, Liu is claiming that she has “discovered” missing signatures in the state database. Even though that claim is meaningless now, the judge literally watched Ms. DePaul conduct a live database search during the hearing on September 18. It doesn’t matter what anonymous people may have found in the county’s database after the fact. The only thing that matters is what Ms. DePaul was able or not able to locate—a position observed and validated by Judge Kane.
While Ms. Liu has a right to make whatever statements she wants to make, and others are entitled to repeat and amplify her position, we will not allow the district’s official Facebook presence to host slander and defamation.
We will correct the record as a temporary measure and then move this topic off Facebook.