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FOX 13 Investigates: Lawsuit against rural newspaper is test for new Utah law

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FOX 13 Investigates: Lawsuit against rural newspaper is test for new Utah law


DELTA, Utah — Diane Mecham was born and raised here.

And she’s a reader of the local newspaper, the Millard County Chronicle Progress, which traces its history to 1894.

“It’s just the hub of our wheel of the whole community,” Mecham said. “It gives us our information all the time.”

Mecham calls a lawsuit threatening the newspaper “scary.”

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“They keep us up to date on the county progress, the city,” she said. “There’s birthdays, obituaries. There’s wedding announcements. It’s a social as well.”

Businessman Wayne Aston filed a lawsuit against the Chronicle Progress in December. The suit asks for “not less” than $19.2 million. A judge Wednesday in Fillmore will hear an argument from the newspaper asking the lawsuit to be thrown out, citing a statute the state Legislature passed in 2023.

If Aston receives even a fraction of the money he’s seeking, the Chronicle Progress — 2,500 copies of which land in mailboxes and on store shelves once a week in desert communities stretching from central Utah to the Nevada line would likely close.

BUSINESS PROPOSAL

In early 2023, Aston proposed to manufacture modular homes and other projects at a parcel across from the airport in Fillmore, the Millard County seat. The Chronicle Progress reported how Aston sought public funding for infrastructure improvements that would benefit his projects.

In December, Aston sued the Chronicle Progress in state court. He claims defamation, contending the Chronicle Progress published “false and defamatory statements.”

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The Chronicle Progress in Wednesday’s hearing will ask the lawsuit be dismissed because of the Uniform Public Expression Protection Act. Passed in 2023, the Utah Legislature was concerned that lawsuits — and the cost of litigation — were being used to silence First Amendment activities.

The Act provides a legal mechanism for a judge to quickly determine whether slander lawsuits have merit and to dismiss such suits if they don’t. The defendants also have opportunities to recover their legal fees.

At a Utah Senate hearing in January 2023, media law attorney Jeff Hunt testified in favor of the bill. He was representing a media coalition that includes FOX 13.

“And the purpose, I think it’s important to emphasize,” Hunt testified, “in bringing these lawsuits is not to vindicate someone’s legal rights, but rather to intimidate citizens and subject them to costly litigation for speaking out on matters of public concern.”

Hunt now represents The Chronicle Progress in the suit filed by Aston. (Hunt has also had FOX 13 News as a client.) In their written briefs, Hunt and the newspaper have argued the reporting was accurate.

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They’ve included citations to Aston’s bankruptcy cases and the business lawsuits filed against him. Aston has claimed reporting on those issues was false.

“This case is a retaliatory lawsuit brought by a litigious real estate developer,” the defense brief says, “who seeks to silence the voice of the small-town newspaper that dared report on his efforts to convince Fillmore city to help him raise hundreds of millions of dollars….”

PLAINTIFF ARGUMENTS

Aston’s lawyer, Ryan Fraizer, sent FOX 13 News a statement on behalf of his client. It reads:

“We support the constitutional rights of free speech, including those espoused in the principles behind the Uniform Public Expression Protection Act.  However, the statute (is) not intended to shield media outlets from the consequences of publishing malicious and demonstrably false allegations or information that harms individuals or businesses.

“We believe that is the situation at issue in the lawsuit. We trust that the Court will carefully examine the facts and hold the newspaper responsible for any damages they have caused.”

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Meanwhile, Aston’s plans for the Fillmore development have not come to fruition. City Council minutes show no discussion since March.

Mecham calls the Chronicle Progress “very factual.”

When asked whether she thought the newspaper was the reason Aston’s project hasn’t blossomed, Mecham replied: “I think our communities can think for themselves. They don’t need someone telling them how to do it.”





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Utah Blanks Philadelphia, 3-0 | Utah Mammoth

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Utah Blanks Philadelphia, 3-0 | Utah Mammoth


Schmaltz’s 24 goals this season are a new career-high. He’s been a consistently strong presence and has taken on more responsibility with the switch from wing to center. His goal on the power play came just eight seconds into the man-advantage and opened the scoring early in the second period. In addition to his goal, he had an assist on Utah’s second goal of the game. Tourigny discussed Schmaltz’s maturity following the win.

“He’s a mature person, mature man,” Tourigny explained. “He really wants to make a difference. I always say about Schmaltz, (he’s) a gamer. He wants to play in those moments, and I think he’s excited about where our team is at, and he wants to be a big part of it, and he is. He’s a huge leader for us.”

Utah held Philadelphia to 16 total shots: four in the first period, seven in the second, and five in the third. The Mammoth showed their strong defensive game in the win.

“I think that’s when we’re at our best, when we’re defending hard,” Schmaltz said. “We’re playing with a lot of pace, not giving them time and space, frustrating them, and making them force plays, and then we turn it over and go the other way.”

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On the flip side, against a stingy Philadelphia defense, Utah generated 23 shots including 14 in the second period. Schmaltz spoke to what led to the increased opportunities in the middle frame.

“A little bit more direct,” Schmaltz shared. “I think our transition game was really good. We were catching them, kind of hemming them in. Good line changes and just rolling them over and shooting a little bit more.”

In addition to Schmaltz’s goal, Captain Clayton Keller scored his 19th of the season seven and half minutes after his linemate’s tally to increase the score to 2-0. Michael Carcone’s empty net goal with 1:48 left in regulation secured the 3-0 win.

Additional Notes from Tonight (per Mammoth PR)

  • The Mammoth’s power play went 1-for-2 against the Flyers. Utah has scored seven power play goals in seven games (7-for-18, 38.9%). On the other side of special teams, the Mammoth’s penalty kill went 3-for-3.
  • JJ Peterka played his 300th NHL game. Peterka was selected 34th overall in the 2020 NHL Draft and is the ninth player from his draft class to reach the milestone. He is also just the eighth German-born forward in NHL history to accomplish the feat.
  • Keller has recorded 11 points in his last seven games (2/2-3/5: 3g, 8a), finding the scoresheet in six of those contests.
  • With two assists tonight, Dylan Guenther has posted his second straight multi-point outing (3/3 at WSH: 1g, 1a) and his third in five games (2/25 vs. COL: 2g).

Utah has won the first two games of a five-game road trip. Up next, the Mammoth travel to Columbus and face the Blue Jackets on Saturday night.

Upcoming Schedule

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22-year-old arrested in Utah in connection to Las Vegas double-homicide

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22-year-old arrested in Utah in connection to Las Vegas double-homicide


LAS VEGAS (FOX5) — Officials have identified a 22-year-old man as the suspect in a Las Vegas homicide case that killed two people in a Southern Highlands neighborhood.

Detectives say 22-year-old Ziaire Ham was the suspect in the case. According to officials, Ham was located on Tuesday, March 3, by the Ogden City Police Department and the Utah Highway Patrol.

Ham was taken into custody and booked into the Weber County Jail. Las Vegas authorities said he will be charged with open murder with the use of a deadly weapon and will be extradited back to the valley.

MORE ON FOX5: LVMPD corrections officer arrested on multiple felony charges

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The shooting occurred Monday night at the 11000 block of Victoria Medici Street, near Starr Ave and Dean Martin Drive.

According to police, officers were conducting a vehicle stop in the area when they heard gunfire. After searching nearby neighborhoods they found a car with bullet impacts with a woman and a toddler inside suffering from gunshot wounds.

The pair were transported to hospital where they later died. The Clark County Coroner’s Office identified them as Danaijha Robinson, 20, and 1-year-old Nhalani Hiner.



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Utah nonprofit creates events, experiences for disadvantaged children

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Utah nonprofit creates events, experiences for disadvantaged children


A simple moment watching a child laugh changed everything for Ivan Gonzalez.

Eight years ago, Gonzalez was working at the Ronald McDonald House when he had an idea to throw a birthday carnival for the kids staying there.

“Let’s do a carnival, birthday carnival for the kids,” he said.

MORE | Pay It Forward

What happened during that event stuck with him.

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“There I was watching this kid play whack-a-mole, just having a blast, laughing,” Gonzalez said. “And then I see his mom kind of with happy tears because he’s enjoying himself.”

That moment led to something bigger.

Gonzalez realized the experience shouldn’t stop with just one event or just one group of kids.

“I said, wait, we can do this not just for kids in the hospital,” he said with excitement.

So he started a nonprofit called Best Seat in the House, which creates events and experiences for children who often face difficult circumstances.

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“We provide events and experiences for disadvantaged kids,” Gonzalez said.

The organization serves children battling cancer and other medical conditions, refugee children, kids living in poverty, those in foster care and children with special needs.

“These kids grow up too fast,” Gonzalez said.

For Gonzalez, the mission is deeply personal.

“I grew up very poor,” he said.

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He remembers the people who stepped in for his family when they needed it most.

“The local church, we weren’t even a part of it,” he described. “My parents couldn’t afford Christmas gifts and I still remember the gifts they gave me. They didn’t even know me.”

Today, he hopes to create that same feeling for other children through his nonprofit.

“Kids live in poverty and they don’t know where the next meal is coming from, let alone going to a play or to a game,” Gonzalez said.

But for Gonzalez, the reward isn’t the events themselves, it’s the joy they create.

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“You can give me a billion dollars, all the money in the world,” he says as tears roll down his face. “I won’t trade these opportunitieskids just enjoying life.”

Because of his work giving back, KUTV and Mountain America Credit Union surprised Gonzalez with a Pay it Forward gift to help him continue creating those moments for kids across Utah.

For more information on supporting Best Seat in the House, click here.

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