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This is a sentence-by-sentence rebuttal of the Restraining Order filed against me by Matt Ellis on behalf of himself, his family, his organization, etc., dated August 30, 2006, Case # 11960. These are the sentences handwritten beginning on line 19 of the 6 page document titled “PETITION FOR REMPORARY ORDER OF PROTECTION AND REQUEST FOR A HEARING”

September 7, 2006 (modified September 29, 2006 for internet)

Keith Blackwell

1. Mr. Blackwell has been against the new stadium being built near his home.

This is conjecture, irrelevant, and untrue Prior to, and during the building of the stadium, I expressed NO opinion about it either way. I was not one of the people involved in the lawsuit against the stadium at that time. I do not have an issue with the stadium. I have an issue with the management not adhering to the contract they signed with the City Of Missoula. This is an irrelevant statement.

2. For the past two years he has sent emails to osprey vp/general manager Matt Ellis complaining about various issues (the osprey baseball team is the primary tenant of the stadium) regarding the stadium

This is not entirely true. I sent one email on July 4, 2005, and began sending emails again in June of 2006. From July 4, 2005, to the present, I have sent 4 single emails to Matt Ellis exclusively. I have included Matt Ellis as a recipient, with others, in a total of 16 emails. This sentence implies a continual barrage of emails, which is quite misleading.

3. Most emails had been answered until recently when they became abusive and threatening in nature

This is not entirely true. Matt Ellis had replied to a few emails I'd written. But none of my emails have been threatening or abusive in nature.

4. Over the past two months, Mr. Blackwell has engaged in a series of communications which has become abusive, threatening, and slanderous towards the osprey organization, Matt Ellis and his family, and the staff/employees of the osprey.

This is not entirely true. I have been engaged in a series of communications with Matt Ellis, City Council Members, and other people who live in my neighborhood. These have not, however, become abusive, threatening, or slanderous towards anyone.

5. Mr. Blackwell has created a website that attacks Mr. Ellis and his family as well as his staff.

This is not entirely true. I have created a website. However, it does not attack Mr. Ellis or his family, or his staff. It simply points out that I believe that Mr. Ellis is not complying with the Use Agreement he signed with the City of Missoula, and that I think this is a very shameful way to do business in our community.

6. The website contains name calling and abusive language.

This is simply untrue.

7. The website shows pictures of osprey staff which were taken and posted without their permission.

These individuals were out in public, on a public street, and are under no special protection from having their picture taken and posted on a website.

8. The website also contains threats on Mr. Ellis and his employees.

This is simply untrue. I have never written anything threatening anyone.

Mr. Ellis confuses threats of practicing free speech with threats of a personal nature. I simply do not engage in threats of a personal nature, and the implication that I have is a lie, and is insulting.

9. a) There are three URLs that contain this information (All of which have been printed for our records). b) They are - www.mzla.com; www.mzla.com/osprey; XXXX <third deleted to prevent people from going there, as it’s a personal blog page and has absolutely nothing to do with this issue>

This is partially correct. There is only one webpage which specifically addresses my complaint against the Missoula Osprey Management; www.mzla.com/osprey. It is linked from www.mzla.com. The content of XXXX is not linked to by www.mzla.com/osprey, nor has it ever been. This is a webpage (commonly known as a “blog”) on which I muse about various things. I have every right under the First Amendment to write my thoughts on the world around me. The content on this page pertaining to the Osprey and its management is neither threatening nor abusive. It would require a bit of detective work for anyone visiting www.mzla.com/osprey to find XXXX

10. In addition to his emails and websites, Mr. Blackwell also approached two Osprey parking staff members on Saturday, August 26th, and was abusive towards both.

This is not true. They approached me as I stood at the barrier - which I should never have had to do, but have done on numerous occasions because the City and Osprey Management won't. They got in my face and were abusive to me. When one refused to give me his name, I used a "bad" word and began walking away. The other one then approached me and shoved his name badge into my face, taunting me with "Can you read?" This was rather abusive, in my opinion, and made me feel threatened.

11. He threatened them with abusive language and told them they wouldn't have a job next year.

This is not true. When the one would not provide his name, I said "Fine, I hope you have a job next year, Asshole". This was said with a sense of resignation as I began walking away. It was not said aggressively or abusively toward the individual. I did not threaten these 2 men in any way, shape, or form. To imply otherwise is extremely insulting. As I walked away, they continued heckling me and didn't seem in the least "abused" or emotionally damaged. It was my sense that they were trying to provoke something, but I didn't want to participate.

12. A police report was filed with the Missoula Police on Sunday, August 27th, and includes written statements from both employees.

This is probably true. I was not made aware of this until being served this Restraining Order. If I had truly committed some sort of crime against these guys, why am I only now hearing about this? Why was I not given the opportunity to present my side of the story?

13. a) Also, on Thursday, August 24th, Mr. Blackwell wrote his website in chalk along sidewalks leading up to the stadium and on private property at the stadium. b) He wrote it 5-10 times. c) We have photos of this.

Someone did write www.mzla.com/ballpark on the sidewalk in the vicinity around the entrance to the stadium. The only instance of it being on private property is on one of the trestle beams under which people must drive/walk to get to the stadium from Cregg Lane. The private property in question is not that of Mr. Ellis, Play Ball, Missoula Osprey, or anyone associated with them. The implication is that I have vandalized their property. This is simply untrue.

14. Lastly, Mr. Blackwell has sent emails or called at least three organizations that do business with the osprey.

This is correct. When local businesses/organizations behave in practices that consumers do not approve of, the consumer has every right to contact other businesses and express their concerns.

For the record, I have not called anyone, ever, in this matter. I emailed Missoula Art Museum (see emails), expressing my displeasure with the Osprey Management and encouraging them to take their advertising dollars elsewhere. I have emailed Minor League Baseball (see emails) first inquiring whether or not community input is accepted in considering such a franchise's licensure, then later expressing dismay with the Osprey Management's practices. I emailed 2 potential financiers of the Missoula Osprey Management/Play Ball bailout; First Security Bank's parent company, Glacier Bancorp (which I don't have a copy of, as it was on a web form), and Missoula Federal Credit Union, from which I received back a surprisingly polite and encouraging email which thanked me for my comments. I also emailed the Arizona Diamondbacks, to let them be aware of my website, so that they would be aware of the issues in our community. I believe that I have every right to do this.

15. His correspondence has asked these organizations to either stop doing business with us or put us out of business.

This is partially correct. As a consumer and ultimately a customer (as a tax-paying citizen in the city that paid Mr. Ellis's group(s) 2 million dollars thus far), I have every right to complain when I feel that this business's management is operating outside of the law.. This is entirely within my right. I have not, however, asked anyone to put the Osprey Management or Play Ball or anyone else out of business. I have only asked that they consider the behavior of the Osprey Management. This is a peaceful way of encouraging such a business to behave in a more community-friendly manner.

16. He refers these organizations to his website.

Yes I do. It's much easier than typing the same thing repeatedly. It provides one central location for me to put my thoughts, observations, pictures, progress reports, etc. It is entirely within my right as a citizen of the USA to post such information.

17. Since Saturday's incident, the Osprey have hired Missoula Police to escort staff to placing required barricades at the required locations to ensure their safety.

This would explain the increased police presence! This, however, is completely unnecessary as far as I'm concerned. I have never threatened anyone, nor will I. I have no feelings of ill will towards anybody, especially the employees who are put into the undesirable position of having to place, remove and/or man the barricade. This is a waste of money in my opinion, and the money would have been better spent hiring personnel to man the barricade in the first place.