Sheriff calls deputies to Burger King over order, then censors online critics, suit says
A Georgia sheriff censored Facebook users who criticized his “public controversies,” including an incident involving him calling deputies to a Burger King when staff got his Whopper order wrong, according to a new federal lawsuit.
Cobb County Sheriff Craig Owens had critical comments deleted from the sheriff’s office’s official Facebook page while he was up for reelection, a complaint filed Nov. 13 says. He was reelected Nov. 5.
Since Oct. 29, he has restricted users from being able to comment under recent Facebook posts, according to the complaint.
The online critics Owens is accused of silencing on Facebook include his opponent David Cavender — who unsuccessfully ran against Owens — and Michele Beagle and Michael Dondelinger, who live in Cobb County.
In October, Cavender shared body camera footage to social media that showed Owens having his deputies respond to Burger King in March 2023 over a wrong order, according to The Atlanta Journal-Constitution, which first reported on the lawsuit.
Owens had ordered a Whopper without mayonnaise that was supposed to be sliced in half, but he received a hamburger with mayonnaise instead, according to the complaint.
“Rather than simply accept the order, or deal with it himself, he called deputies to have them intercede in the dispute on his behalf,” the complaint says.
The video of the incident, which Cavender and his fellow plaintiffs call a “misuse of public funds,” went viral in October, according to the complaint.
Several critical comments Facebook users posted between Oct. 25 and Oct. 28 centered on the event, then soon after, Owens is accused of censoring comments, the complaint says.
Now Cavender, Beagle and Dondelinger, have brought the lawsuit against Owens accusing him of violating their rights under the First and 14th amendments.
“Instead of upholding the First Amendment and stomaching speech he found personally distasteful, Owens decided instead to utilize the powers of his office to censor the speech of Plaintiffs, and others, based on viewpoint,” the complaint says.
The Cobb County Sheriff’s Office referred McClatchy News’ request for comment to the county attorney’s office, which didn’t immediately respond on Nov. 19.
Comments get restricted
On Nov. 1, the sheriff’s office announced in a Facebook post that the page’s “comments feature” was turned off to “ensure our posts continue to focus on providing community safety updates and educational information.”
“No one will be able to comment on posts; although Facebook may display that comments are ‘limited,’ all posts will be restricted from being able to comment,” the post said.
The lawsuit argues that the restrictions were put in place “immediately” after “highly critical” comments about Owens.
According to the complaint, Owens is allowing certain users to comment on new posts “and has set forth no objective written standards as to who may do so.”
Sheriff speaks out about Burger King call
On Oct. 11, Owens said in a statement shared to the “Craig for Cobb Sheriff” Facebook page that the video of him calling deputies to Burger King was being “politicized in an attempt to win votes.”
He wrote that he made a “business dispute call” while he wasn’t in uniform and hadn’t identified himself as sheriff to Burger King’s staff.
“This is a call that ANY citizen can make,” the post said.
In the footage of Owens at the Burger King in Mableton on March 4, 2023, WSB-TV reported that Owens is heard telling a deputy, “Hey, do me a favor. I need to get, all I need is the owner name of whoever owns this damn facility or the manager.”
He explained that he needed to find the owner of the establishment to make “an official complaint” about staff getting his order wrong, according to the TV station.
In an interview with WSB-TV, published Oct. 14, Owens told the TV station he could have dealt with the matter differently.
He said a Burger King manager refused to issue a refund and slammed a drive-thru window shut after Owens was given a burger with mayonnaise, an ingredient his wife is allergic to, according to the outlet.
“In hindsight, I probably should have just drove off and took the bad service and left and came back another day,” Owens told the TV station.
Mableton is about a 15-mile drive northwest from downtown Atlanta.
Jury trial sought
Cavender, Beagle and Dondelinger have asked the court to issue an order that would restore all of the comments that have been deleted or hidden on the Cobb County Sheriff’s Office’s Facebook page, the complaint shows.
They’re also seeking a court order that would prevent Owens from deleting and restricting comments.
The lawsuit asks for a jury trial and for the plaintiffs to be awarded damages of at least $3.50 each — or an amount determined by jurors, the complaint shows.
“(Owen’s) retaliatory censorship, including the deletion of and censorship of speech based on viewpoint constitutes a viewpoint discrimination and violates the First Amendment,” the complaint says.
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