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‘GrannyGate’: Ohio Woman Says Anti-Union Group Is ‘Stealing’ Her Words in Collective Bargaining Fight

GrannyGate: Ohio Woman in Ad for Union Group Sets Off Debate

(The Blaze/AP)Backlash to footage of a Cincinnati great-grandmother advocating for the repeal of Ohio’s contested collective bargaining law being used in the TV ad of a rival group caused stations throughout the state to pull the spot, and experts disagree as to whether its use is legal.

Marlene Quinn’s great-granddaughter was saved from a house fire in November, a story the 78-year-old Quinn shared in an ad from We Are Ohio, the union-backed coalition fighting to repeal the law. She tells viewers, “If not for the firefighters, we wouldn’t have our Zoey today.”

Building a Better Ohio, a group defending the law, recut the footage for its own commercial claiming the law will help, not hurt, firefighter staffing. This video shows the We Are Ohio, and Building a Better Ohio ads back-to-back:

The law signed in March bans public worker strikes and limits the collective bargaining rights of more than 350,000 teachers, firefighters, police officers and other public employees. Workers could negotiate on wages, but not on their pension or health care benefits.

Quinn told local TV stations on Friday that Building a Better Ohio was “stealing” her words and she demanded they take down the ad and apologize. So far, more than 30 stations have, said We Are Ohio spokeswoman Melissa Fazekas.

Building a Better Ohio spokesman Jason Mauk said the group is inflating their number by adding stations that were never asked to air the spot. Mauk declined to comment further, saying it was policy not to discuss ad strategy.

Fazekas said Quinn wasn’t paid to appear in the spot, or in a new one released Friday, in which Quinn bashes Building a Better Ohio for using her image without permission:

Dale Bring, a lawyer for Building a Better Ohio, said the group had done nothing wrong.

When Quinn was put in the advertisement, she became a public figure, “much like Michael Jordan or the governor is a public figure,” Bring said. That means her likeness can be used without her permission, so long as it relates to the union fight – much the same way opponents of Gov. John Kasich can use his image in campaign ads.

Law professors at the Ohio State University’s Moritz College of law agreed with him.

“I think her having thrown herself into the debate … there’s a First Amendment right to use her in response,” said Daniel Tojaki, professor at the Ohio State University’s Moritz College of Law.

Tokaji’s colleague, David A. Goldberger, agreed, saying as long as Building a Better Ohio used Quinn’s image truthfully, the ad was fine.

“I don‘t think it’s any different from her appearing in an interview and someone rerunning it on YouTube,” Goldberger said.

However, in a letter to TV stations asking them to pull the ad, attorneys for We Are Ohio wrote that the way Quinn’s image was used was “false and misleading.” Goldberger said if a court or the Ohio Elections Commission decides that is true, Quinn could have grounds for a legal claim.

Brian Rothenberg, executive director of ProgressOhio, said it’s not a question of whether she is a public figure but rather a question of copyright law. ProgressOhio has come out in support of We Are Ohio but isn’t a member of the coalition.

Kathleen Hall Jamieson, director of the Annenberg Public Policy Center of the University of Pennsylvania, agreed with Rothenberg.

“The original image was posted on YouTube, so the question would be for the use of YouTube,” she said. “I would assume that YouTube could go after them as well.”

Google’s terms of service state that content owners who upload videos to its YouTube website retain copyright over their posts. YouTube didn’t immediately respond to requests for comment.

Fazekas said the video also violated sections of Ohio law that prohibit making statements under someone else’s name without permission. We Are Ohio is still reviewing its options, she said.

Don McTigue, lawyer for We Are Ohio, declined to comment on the possible legal case, citing attorney-client privilege.

Political scientists say it‘s a fairly common tactic to use footage from an opponent’s ad.

Bruce Newman, DePaul University professor of political science and a political marketing expert, said what makes this case different is that both campaigns used the exact same clip.

“It’s a very clever strategy to rebuke and refute the point being made by taking a piece of it out and running it for the other side,” he said.

Barry Burden, political science professor with the University of Wisconsin Advertising Project said it’s typical to have two to three rounds of back-and-forth with this type of political fight. He said there’s really no code of ethics governing groups doing political advertising.

“Fear of voter backlash usually keeps candidates above the board, but here, you have groups fighting about Issue 2 (the effort to repeal the law via ballot), and then they’ll disappear or be renamed and support another cause,” Burden said. “And that lets them go a bit further. So when you have groups fighting over an issue, it tends to be a bit nastier.”

Both campaigns have used their dueling ads with Quinn to ask for donations.

Prompted by the controversy, a Democratic state Rep. Tracy Maxwell Heard said she intends to introduce Zoey’s Protection Act to prevent “the misuse of campaign materials.”

A call to a phone number for Quinn seeking further comment Friday got no answer.

Comments (57)

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  • PoliticalJunkieToo
    Posted on October 15, 2011 at 11:46pm

    CONTRACT out Firefighters.

    They sit on their butts when there are no fires which there usually aren’t.
    They WASTE time and gas driving fire trucks and fire SUVs to ALL KINDS OF SCENES or accidents when THEY ARE NOT NEEDED. We already have private ambulance compaines who can see to the patients so firemen are in the way. Train the police to use the jaws of life to get people out of cars.

    Most smaller towns can get buy on volunteer firemen. But larger towns need CONTRACTED OUT firemen. They would be on CELL PHONE STAND BY and show up at the scene if needed.

    LOTS OF BIG BUCKS saved NOT having to pay their retirements or wages. BYE BYE

    Report Post »  
  • Bill Burns
    Posted on October 15, 2011 at 8:37pm

    The reason UNIONS have lost 70% of their clout is short sighted greed during a fiscal crisis. It is well established that Unions and their unrealistic unprofitable demands drive jobs away.

    Report Post » Bill Burns  
    • 1389AD
      Posted on October 15, 2011 at 9:44pm

      Marlene Quinn just wants to cash in on the use of her words and image.

      Report Post »  
  • Marengo Ohio Patriot
    Posted on October 15, 2011 at 8:10pm

    I‘m vote’n for the unions..(cause i deserve the job, you f’n rich people only give out at paultry wages!)
    And, i‘m vote’n for o’bama..(cause you rich folk don’t need all that money)
    And if’n you rich sons of a you know what bit*h‘s don’t pay up….
    I guess I’ll sit on my a$$ collecting o‘bama’s check each month, while I watch Moury…
    Who da hell’s baby is dat anyway?????

    Report Post »  
    • Ohio4Tea
      Posted on October 15, 2011 at 8:36pm

      think about what you say before you say it.
      and think about how you vote before you vote.

      House Bill 5 will not damage your opportunity to get a job – it WILL HELP you and hundreds of Ohioans to find jobs and be responsible supporters for your family.

      Obama has done nothing to help you. He won’t do anything to help you with another 4 years.

      Think about it.

      Report Post » Ohio4Tea  
    • Marengo Ohio Patriot
      Posted on October 15, 2011 at 9:01pm

      ok….
      i‘m a think’in….
      …..
      still think’in…..
      I think…. oh…
      what the hell was i think’n bout Tea?????

      Report Post »  
    • Marengo Ohio Patriot
      Posted on October 15, 2011 at 9:03pm

      Oh Yea…..
      I’m cornered by STUPID AMERICANS…..
      I give up!!!!

      Report Post »  
  • Marengo Ohio Patriot
    Posted on October 15, 2011 at 7:57pm

    I’m from Oiho.. And I VOTE…..
    errr. I mean Ohio…..
    But I still vote…stupid americans!!!

    Report Post »  
  • AnAmerican111
    Posted on October 15, 2011 at 7:08pm

    Unions are the same as OBUMA!
    …..useless!

    Report Post »  
    • Dalady
      Posted on October 15, 2011 at 7:18pm

      Amen! As for the big state issues passing in Ohio, never underestimate the power of stupid people voting.

      Report Post »  
  • lyle67
    Posted on October 15, 2011 at 6:55pm

    Issue 2 & 3 will both pass. It is time to rein in the out of control public union sector.

    Report Post »  
    • jb.kibs
      Posted on October 15, 2011 at 7:55pm

      yes on all three!

      This is a shameless ad. the fire dept, and volunteer fire dept will always be around, union or not, paid for or not… people have been fighting fires since fire was discovered by man.

      Report Post »  
    • Ohio4Tea
      Posted on October 15, 2011 at 8:37pm

      yes, yes yes!!!

      Vote tea party! Ohio needs your vote!

      Report Post » Ohio4Tea  
    • khandahar&jalalabad
      Posted on October 16, 2011 at 12:31am

      I disagree, Ohio is full of wishy-washy independents. It’s very frustrating that we have a willing congress, and a decent governor, who did the right thing here, and now these damn Unions lie about firefighters and teachers being fired and hardly anyone says anything about it, save for a few ads on local tv. (sorry for the run-on sentence I’m tired)

      Report Post »  
  • bdandsl
    Posted on October 15, 2011 at 6:28pm

    An excellent example of spin.

    Report Post » bdandsl  
  • Jenny Lind
    Posted on October 15, 2011 at 6:12pm

    The question that should be asked and answered is are cities better off financialy with this law or without it? I believe they are, insurance rates are better since the unions don’t make the cities buy from their approved carriers, and they can balance their budgets without sticking it more to the taxpyers. Is this law working? I believe it is and that is the answer. Frankly, “Granny” turns me off, and I am one.

    Report Post »  
  • TomFerrari
    Posted on October 15, 2011 at 6:06pm

    Twisting someone’s words is WRONG.
    Period.
    Using someone’s PUBLIC statement is okay, though.

    As for unions.
    They ceased serving their intended purpose LONG AGO.
    “Collective bargaining by employees” is the intended purpose.
    When a group of employees appoints one of themselves to represent the rest of them, THAT is collective bargaining. When those same employees pay a third party, a massive, rich, CORPORATION to represent them, that is not “collective bargaining by employees.”
    There are now THREE PARTIES supposedly at the table.
    Since unions are corporations APART from the employees they represent, they have their own interests.
    They also represent the employees of many companies, so they may not represent one group of employees as well as another. In fact, they will represent the group that is the largest and brings THEM (the union corporation) the most money for themselves, not for the employees.
    Now, add in the fact that they are now multi-national, global corporations, and they no longer even mean AMERICAN JOBS, just jobs for members of their union. Union dues are now nothing more than a “PRIVATE TAX” for the fat cats that run the UNION, INC.

    Report Post » TomFerrari  
  • 00gabooga
    Posted on October 15, 2011 at 5:38pm

    I hate to think what would have happened to Zoey if they had been on strike during that fire.

    Report Post » 00gabooga  
  • Dalady
    Posted on October 15, 2011 at 5:14pm

    I thought the original commercial was awful, another “shove grandma off the cliff” moment brought to you by the party of compassion.

    Report Post »  
  • P4cooler
    Posted on October 15, 2011 at 5:09pm

    Collective bargaining is extortion of state tax payers for lavish union member benefits. Unions are paid thugs/bullies working with Obama to create crisis and havoc to destroy our constitutional conservative America. Obama and the Unions wish to turn America into a socialist country. Pay no attention to Granny Quinn.

    Report Post » P4cooler  
  • nohussein
    Posted on October 15, 2011 at 5:09pm

    Unions are communists, period.

    Report Post » nohussein  
    • sodacrackers2
      Posted on October 15, 2011 at 7:24pm

      Communists used to be forbidden to hold leadership in the union. When they started allowing communists, the corruption grew exponentially.

      Report Post »  
    • TulsaYeeHaw
      Posted on October 15, 2011 at 10:39pm

      Hence the Soviet UNION….Key word there and a very important reason behind it.

      Report Post »  
  • theaveng
    Posted on October 15, 2011 at 5:00pm

    Using this grandma’s image and speech is NO DIFFERENT than when they used Joe the Plumber in various ads during the 2008 campaign season.

    Once you are captured on camera & you give permission for it to air on the People’s Airwaves, your image is public domain, unless you’ve taken special steps to copyright the image (like the actors on TV shows).

    Report Post »  
    • Ohio4Tea
      Posted on October 15, 2011 at 8:39pm

      but there is something wrong with twisting someone’s words to fit into your agenda. That’s what this whole argument is about.

      Report Post » Ohio4Tea  
  • geonj
    Posted on October 15, 2011 at 4:49pm

    to he]] with this granny. just another tool of the public service unions.

    Report Post » geonj  
  • geonj
    Posted on October 15, 2011 at 4:48pm

    what’s right is only right when it benefits the left.

    Report Post » geonj  
  • FEMALL
    Posted on October 15, 2011 at 4:39pm

    @ Jesus Christ was a Proud Liberal You’ve just been Alinskyed! HAHAHAHAHA

    O=“I want you to get in their face.” — Barack Obama

    Report Post » FEMALL  
  • grandmaclown
    Posted on October 15, 2011 at 4:36pm

    If you accept employment as a firefighter, you are obligated to do the job whether you are union or not. If you don’t want to work without a union, I am sure that with all the unemployment there are plenty of people willing to work for the pay and benefit that public workers have. Most public employees make more money and have better benefits than the people paying the taxes. Thank goodness we live in a right to work state. If you agree with the union: join, if not: don’t join. Unions have long lost sight of what started out as a good idea.

    Report Post »  
    • lukerw
      Posted on October 15, 2011 at 4:54pm

      Right… if you want to do the work, then you Sign Up — Talk the Talk; Walk the Walk! Even Socialist FDR thought it was crazy to have Unions for Public Servants… for the Tax Payers were paying for the Government already!

      Report Post » lukerw  
  • Jesus Christ was a Proud Liberal
    Posted on October 15, 2011 at 4:26pm

    Those bastards have to stop the ad ASAP.

    Report Post » Jesus Christ was a Proud Liberal  
    • coindexter
      Posted on October 15, 2011 at 4:40pm

      both of those bastards have to pull both of their bastard ad’s. those bastards are exploiting a little girl who was saved by firemen… bastard whippersnappers. tax the poor bastards!

      Report Post »  
    • Riponpundit
      Posted on October 15, 2011 at 4:50pm

      @Jesus was a liberal, talk about twisting words, Jesus would never stand for what much of liberals want. Do you think Jesus would be pro-abortion? Do you think he would stand for those that covet what others have. If you have any dignity change your user name.

      Report Post »  
    • CottonMPG
      Posted on October 15, 2011 at 5:11pm

      If this guy ever HAD any decency he would not have made his user name Jesuswasaproudliberal in the first place. I wouldn’t recommend anyone hold their breath waiting for him to change it now. He is obviously a liberal himself and as is common among them he is intentionally offending Christians.

      Report Post » CottonMPG  
    • TulsaYeeHaw
      Posted on October 15, 2011 at 10:41pm

      Jesus WAS a liberal. A liberal is someone who is now known as libertarian. Most of those now known as “liberal” are progressives who stole the description because they had ruined their own.

      Report Post »  
  • Truth1776
    Posted on October 15, 2011 at 4:24pm

    Using someone’s public statement in a political add is one thing. However, cutting and twisting the statement to make it appear the person supports something totally opposite from the original public statement is so wrong on so many levels that it should be grounds for a lawsuit perhaps under defamation of character or libel – it’s flat not what she said. Just how unethical and how much of the soul is one willing to sell to try to ‘one up’ or ‘beat’ the opposing view? No wonder the useful idiots on Wall Street and elsewhere are nothing more than dirty, vulgar useful idiots. No one thinks their actions will have any consequences. Say and do what you want – what does it matter so long as you ‘win’ (and you don’t get caught).

    Just what are your principles/ethics? Do you believe them enough to hold on to them regardless of pressure – from anyone, family, friend or foe? Do you have integrity? Will you stand for truth?

    Report Post » Truth1776  
    • Airgun
      Posted on October 15, 2011 at 4:59pm

      Then CBS,ABC,NBC,MSNBC,CNN,The Washington post,New York Times, and every other press and media outlet with a socialist slant would have nothing to say about Glenn Beck or any other concerned patriot.
      If they didn’t rely on taking things out of context- there wouldn’t be any news.

      Report Post » Airgun  
  • NOBALONEY
    Posted on October 15, 2011 at 4:14pm

    Here come the lawyers!

    Report Post » NOBALONEY  
  • lukerw
    Posted on October 15, 2011 at 4:12pm

    What ever did America do to have… Police, Fire Fighters, and Teachers… before Unions? Is this woman kidding? Unions create Jobs (by limiting?)? God save us from the Idiots!

    Report Post » lukerw  
    • Lucy Larue
      Posted on October 15, 2011 at 4:26pm

      LUKERW,
      Just goes to show you that…, you can live well into your senior years,become a great grandmother, and still have the knowledge bank of a GNAT!

      Of course the Progressive Dems. will Alinsky this for ALL it’s worth!

      It’s how they roll.

      “We have met the enemy and he is us.” POGO

      Report Post »  
  • MastrSSG
    Posted on October 15, 2011 at 4:08pm

    Listen, I think Unions are the black plague of this century and Public employee unions should be illegal but this is despicable! You have to be honest from the gate, building a policy out of lies will only destroy our cause.

    Report Post » MastrSSG  
    • Snowleopard {gallery of cat folks}
      Posted on October 15, 2011 at 4:15pm

      Indeed, the union once had their purpose, now long done; and they are nothing more than criminal syndicates ripe for destruction and dismantling under RICO.

      Report Post » Snowleopard {gallery of cat folks}  
    • Ookspay
      Posted on October 15, 2011 at 4:38pm

      Unions by their very nature are anti capitalist and a plague on free markets. The cost of labor needs to float for free and prosperous markets to adjust to changing economic conditions.

      Looks like Granny needs to lay off the smokes…

      Report Post » Ookspay  
  • maser.ryan
    Posted on October 15, 2011 at 4:02pm

    If the pro issue two want to use the add let them it relly dosent matter

    FREE SPEECH

    Report Post »  
  • steveh931
    Posted on October 15, 2011 at 4:00pm

    Since when does being a part of a union make you a better firefighter? Unions don’t care about the people of Ohio, all they care about is collective bargaining rights, which in turn puts money in the union coffers. The firefighters and the people of Ohio know who fight the fires and save lives. The firefighters come from the people of Ohio, so let the firefighters and the people of Ohio decide what’s best for their state, Not some Union. Who knows, they might even be able to save some money!

    Report Post » steveh931  
    • MastrSSG
      Posted on October 15, 2011 at 4:12pm

      I agree but don’t do business like this, based on lies.
      Frankly I hate the fear tactic political movements use to attempt to gain emotional support. Its nothing more than emotional blackmail and I’m sick of it! If you don‘t agree you must hare firemen and people will die if you don’t agree. I hate it on both sides and wish we could just get the simple honest truth.

      Report Post » MastrSSG  
    • steveh931
      Posted on October 15, 2011 at 4:50pm

      MASTRSSG,

      No political movement here, I also want the simple and honest truth with unity of the people by the people for the people with no special interest groups involved.

      Report Post » steveh931  
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