"Big Al" could then sue the state for losses. Why hasn't MBA done this if the claims are false? Why hasn't MBA, like "Big Al", contested the charges against them in court? The law not only affords a person a reasonable defense. It also entitles a person to damages caused by false allegations. Why isn't MBA pursuing this course if the claims against them are false. Why not simply release the LifeSteps scripts to the public and show the world what they do if there is nothing to hide?
Because, MBA has already lost, just like “Big Al” did. Even though Big Al won his case,he lost his business. When the case unfolded he was front page news with big color pictures of the kids playing on the highway along with an unrelated (not so flattering) photo of “Big Al” taken after leaving a bar at 2:00 am. After “Big Al” won the case it was mentioned by only one small newspaper on page six in small print (on two lines). So everyone still thought “Big Al” abused kids and had a drinking problem to boot. The initial allegations can destroy a person or business even if they are later proved false.
Right, but if they were in such a situation they could sue the state for the loss of income as a result of false allegations. They didn't bother pursuing that angle. I'm not sure if they even challenged the findings at all in any specifics.
I mean let's face it. They were torpedoed and sunk in one shot. That email sent out to all the parents caused irreparable damage, regardless of accuracy. If there were false statements in there as a result of negligence or actual malice, MBA would have a hell of a case. The fact that they're choosing to bow out completely rather than contest the findings or sue for damages implies they have enough to hide that they aren't willing to be open about their practices.
What they're doing also makes good business sense for Aspen as a whole. Who wants to be in a position where you're arguing in open court that a song a bout hand jobs, french maid outfits and all sorts of CEDU borne craziness have therapeutic value. Even if you win the case and somehow convince a jury, you still lose when the press picks up on the details of the case and it gets attached to The Aspen name even more than it is now. Right now Aspen can claim "we neither confirm nor deny these allegations" and make up some excuse for closing the school (license revocation or somesuch)... Sweep the controversy under the rug quietly. Right now they can claim in private to those concerned that they didn't know about this "bad egg". Not taking a public stance means you can take multiple stances in private, which Aspen can definitely take advantage of.
As far as MBA goes, it doesn’t look good and I am really surprised that they threw in the towel that quickly. I am sure that enough of what the state claimed against them was true and that they decided they would never survive in a public forum. Either that or the re-start up cost and the economy just told them it made sense to cut MBA lose and let it die. But my guess is that they F**ked up big time and didn’t want to air their dirty laundry in public.
Right, and that's the school's fault, not the state's. If they were doing things that they felt wouldn't look good to the public they probably shouldn't have been doing them at all.
Also, are you suggesting that MBA is considering simply renaming their facility / transferring ownership and re-opening?
No, I dont believe people would buy it. The rumors would linger. My belief is that Aspen already has plans to expand elsewhere and was waiting for the economy to improve. But now they can move forward more quickly now that they are short one “Residential” unit. It will be interesting to see if they purchase anything in the coming months. I believe they picked up some land in Pennsylvania a year or so ago which would be a great place for Residential with a wilderness component with the open space and mountainous terrain.
This will be interesting to follow.[/quote]
I'll agree it'll be interesting.
