Official: Magnolia Hotels in the Aquila Building

Swift · Post by **Swift** » Sat Dec 16, 2006 6:51 pm

Let's sue for defamation.

"In law, defamation is the communication of a statement that makes an express or implied factual claim that may harm the reputation of an individual, business, group, government or nation. Most jurisdictions provide legal actions, civil and/or criminal, to punish various kinds of defamation.

The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action."

I bet the Chamber of Commerce would pay for the court fees.

StreetsOfOmaha · Post by **StreetsOfOmaha** » Sat Dec 16, 2006 6:59 pm

Well, it certainly falls under that definition, Bob.

I don't understand the whole cow-town thing. Is that how they promote Dallas and Denver, both know as cow-towns "in the day." In fact Texas, where two of the now four Magnolia hotels are located, is the ONLY state that beat out Nebraska in number of cows.

Plus, as others have said, why would you want to downplay the "cosmopolitanism" of your new market? They make it sound like they're these "urban pioneers" bringing us cow folk something sophisticated.

I hope they realize what a misguided tactic that is and change direction.

Swift · Post by **Swift** » Sat Dec 16, 2006 7:07 pm

What was their advertising for Dallas like?

"Magnolia Hotels: We've moseyed on up to Red-Neck-Country!"

(sorry Cowboy

)

DTO Luv · Post by **DTO Luv** » Sat Dec 16, 2006 9:28 pm

No one needs to sue anyone. Why would the Chamber waste money on that?

Just write Magnolia and tell them why Omaha isn't a cowtown and shouldn't be labeled as such.

Finn · Post by **Finn** » Sat Dec 16, 2006 10:28 pm

Exactly DTO. And make it a non-inflammatory letter.

Swift · Post by **Swift** » Sat Dec 16, 2006 10:51 pm

Yeah, that's really going to make them spend several thousand dollars in new advertisements.

DTO Luv · Post by **DTO Luv** » Sun Dec 17, 2006 12:03 am

What would a law suit do?

adam186 · Post by **adam186** » Sun Dec 17, 2006 3:03 am

Well, Chicago is a cow town. In fact, they want to build 50 ft cow on Ogden Slip (Dasable Park I believe) to show their pride. Oh cares, Omaha stands its own ground.

Swift · Post by **Swift** » Sun Dec 17, 2006 4:34 am

DTO Luv wrote:What would a law suit do?

Force them to change it. Probably the filing of the suit alone would cause them to change it, then we could drop the suit.

Chicago might have been a cattle town, but it was never a "cow town". Cow town is a derogatory term. Especially when you are trying to fight brain drain, you don't let people use advertisements that puts your city down.

Post by **Omaha Cowboy** » Sun Dec 17, 2006 7:20 am

Swift wrote:What was their advertising for Dallas like?

"Magnolia Hotels: We've moseyed on up to Red-Neck-Country!"

(sorry Cowboy )

No offense taken Swift..

The marketing of Omaha as a 'cowtown' by this Magnolia Hotel chain flys completely in the face of Omaha's Chamber and Visitors Bureau strategy of marketing Omaha as the next up and coming city a la Charlotte, NC in the 80's..

Magnolia is being more than a bit disingenuous with this Omaha 'cowtown' marketing BS..

Well crafted emails to these people are in order..

..Ciao..LiO....Peace

Finn · Post by **Finn** » Sun Dec 17, 2006 7:52 am

Yeah, that's really going to make them spend several thousand dollars in new advertisements.

And so will your whining!

Be responsive , yet thoughtful!

They have spent a lot of money on an advertising campaign , whether you agree with it or not. Don't respond like a schoolgirl, make an informed, passionate response that may make them think about their choice. Whining and bitching will accomplish nothing!

Swift · Post by **Swift** » Sun Dec 17, 2006 9:17 am

Finn wrote:
Yeah, that's really going to make them spend several thousand dollars in new advertisements.
And so will your whining!

Be responsive , yet thoughtful!

They have spent a lot of money on an advertising campaign , whether you agree with it or not. Don't respond like a schoolgirl, make an informed, passionate response that may make them think about their choice. Whining and bitching will accomplish nothing!

No great change was ever accomplished with out someone first complaining about it.

Besides, it's only "whining" if you don't agree. I don't have the money or lawschool education to lodge a suit against them, and this is my public forum. In situations like this, complaints should not only be tolerated, they should be expected.

Finn · Post by **Finn** » Sun Dec 17, 2006 6:11 pm

That's the point, you can do something about it without suing as DTO expressed.

Minneapolis Boy · Post by **Minneapolis Boy** » Sun Dec 17, 2006 8:54 pm

It sounds like the "thin air" that infects some of Denver's media has infected some of their corporate leaders. This is insulting, and I find it an offense that they now own property in Downtown Omaha. Are they so elitist that they think they are responsible for making Omaha cosmopolitan? I'm reminded why I don't visit Colorado very often.

Swift · Post by **Swift** » Sun Dec 17, 2006 9:03 pm

Finn wrote:That's the point, you can do something about it without suing as DTO expressed.

True, but suing (even if the suit was eventually dropped) would be a lot more effective and a much more powerful statement that we're not going to be pushed around anymore!

nativeomahan · Post by **nativeomahan** » Mon Dec 18, 2006 3:31 am

Swift wrote:Let's sue for defamation.

"In law, defamation is the communication of a statement that makes an express or implied factual claim that may harm the reputation of an individual, business, group, government or nation. Most jurisdictions provide legal actions, civil and/or criminal, to punish various kinds of defamation.

The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action."

I bet the Chamber of Commerce would pay for the court fees.

Can you imagine the late night TV Talk Show hosts having a field day at Omaha's expense if such a frivolous lawsuit were filed? It would be devastating. KC is still called a cow town and no one takes offense. They even market it in the Kansas City store on the Plaza, along with references to tornadoes and the Wizard of Oz. Some people need a thicker skin or a new hobby, it would seem.

No attorney worthy of their law license would file such a turkey.

StreetsOfOmaha · Post by **StreetsOfOmaha** » Mon Dec 18, 2006 5:42 pm

Come on, Native. You can't be serious! Yes that would be a frivolous, but righteous lawsuit. It's natural for people who love where they live to stand up for it when it is slandered or misrepresented. Don't tell me that "no one takes offense" in KC when they are pegged a cow-town. Sure some people embrace it, but wrongfully so, for they are living in the past.

scraper · Post by **scraper** » Mon Dec 18, 2006 7:23 pm

That may be the most ridiculous idea I have ever heard. So where is there a express or implied factual statement that is incorrect and that would make this a defamation situation? You disagree with their opinion of Omaha, so you are going to sue? :roll:

Native is right on - you would get laughed out of court, if you could ever find an attorney willing to take this "case."

Finn · Post by **Finn** » Mon Dec 18, 2006 7:38 pm

Sure some people embrace it, but wrongfully so, for they are living in the past.

So we are wrong for embracing our pioneer heritage? That is ignorant. The past is history and some of us embrace it, rightfully so.

DTO Luv · Post by **DTO Luv** » Mon Dec 18, 2006 11:15 pm

First of all before Magnolia Hotels was even looking at Omaha I'd never heard of them. I can't imagine it would reach that many people. Their reasoning behind the cowtown stuff is beyond me. A lawsuit is the stupidest way to counter this. Are you in touch with reality?

StreetsOfOmaha · Post by **StreetsOfOmaha** » Tue Dec 19, 2006 7:52 am

Finn wrote:
Sure some people embrace it, but wrongfully so, for they are living in the past.
So we are wrong for embracing our pioneer heritage? That is ignorant. The past is history and some of us embrace it, rightfully so.

Finn. Come on.

Embracing the city's history (the way things were) and confusing it for the present (the way things are) are COMPLETELY different.

And, like I said, I agree that a lawsuit would be FRIVOLOUS, but RIGHTEOUS in this situation.

scraper · Post by **scraper** » Tue Dec 19, 2006 2:26 pm

I don't see anything righteous about bringing a lawsuit based on a company's opinion. Since when is an opinion something that should be subject to a lawsuit? If that's the case, watch out, I just might bring suit for the constant bashing, alot of which is based on opinion, us West Omaha people take from certain posters on this board.

Swift · Post by **Swift** » Tue Dec 19, 2006 6:58 pm

It's not just an opinion, it's a derogatory add campaign.

Do you really want me to give you a list of lawsuits brought filed in similar situations?

scraper · Post by **scraper** » Tue Dec 19, 2006 8:00 pm

What is derogatory about it? It says Omaha is trying to shed its cow town image. Not sure what's derogatory about that. We did have the largest stockyards in the world at one time and still have numerous meatpacking plants in South Omaha.

I think you would have a hard time convincing a judge or jury that a hotel's campaign about the city to which it is moving is a derogatory ad campaign. I would be very interested to see any cases similar to this that were actually brought in court.

OmahaJaysCU · Post by **OmahaJaysCU** » Tue Dec 19, 2006 9:31 pm

This is one of the dumbest things I have ever seen on this board. Get over it. So they used a cow, big freaking deal! They are the ones willing to put millions of dollars into one of our city's great historic buildings, why can't we be happy about that? Here is an idea, lets just let the tourists and visitors that stay their decide if we are just a cow town, I would bet some good money on the fact that they will see Omaha as more than that.

Linkin5 · Post by **Linkin5** » Tue Dec 19, 2006 10:32 pm

Swift wrote:It's not just an opinion, it's a derogatory add campaign.

Do you really want me to give you a list of lawsuits brought filed in similar situations?

Yes, yes I really would like you to find law suits like this that won, there is nothing false about their ad campaign.

StreetsOfOmaha · Post by **StreetsOfOmaha** » Tue Dec 19, 2006 11:06 pm

• Hmmm. Magnolia Hotels of Denver, which bought the downtown Sheraton Omaha, is promoting us as a "cow town."
The hotel chain is using a cow image in promotional materials. Under the (dairy) cow, it says: "We've moooved into Omaha."
Magnolia says Omaha long has been known as a cow town, and that Nebraska has more cows than people.
A press release says cows are a part of the city's charm, but that "Omaha is beginning to shed its image as a cow town."
Yes, it's been decades since the heyday of the old south Omaha stockyards, which are long gone.

BY MICHAEL KELLY
WORLD-HERALD COLUMNIST

http://www.omaha.com/index.php?u_pg=1636&u_sid=2298031

I've emboldened the false statements.

They're acting like Omaha IS a cow-town (false) and using it in their adds to paint themselves as these urban saviors, elevating the city to a cosmopolitan level (at which it already is). Yes, Omaha WAS known as a "cow-town" in the past, but has LONG SINCE shed that faulty image. They make it sound like we're just now emerging from this image. And I will make the argument that anyone who ever called Omaha a cow-town is ludicrous. Omaha is a cow-town because it's a huge industrial center where the region's products would logically go to be processed? And New York is a farm-town then, I suppose, because they have such a large restaurant industry?

Anyway, I digress.

I wouldn't dream of expecting any kind of legal action to come against Magnolia Hotels for their faulty, slanderous add campaign. That would be pretty ridiculous. I think by bringing up legal action, Bob was merely pointing out the slanderous nature of the statements and comparing them to legal actions.

Linkin5 · Post by **Linkin5** » Tue Dec 19, 2006 11:32 pm

OMAHA HAS BEEN KNOWN AS A COW TOWN FOR A LONG TIME!! There is nothing false or embarrasing about that! They (magnolia) are not trying to act as an urban savior when they say Omaha is shedding its image as a cowtown, but are saying until recently nobody payed much attention to Omaha on an urban basis, which is obviously true. So when you say that Omaha has "long since" shed that image, that is your opinion, But I would argue that this opinion has only recently changed in the mind of people throughout the country.

Ice Cream · Post by **Ice Cream** » Wed Dec 20, 2006 3:08 am

Shouldn't everyone be most upset that they apparently used a DAIRY cow in the ad instead of a beef variety?? That's Wisconsin's image, not Nebraska's.[/center]

Swift · Post by **Swift** » Wed Dec 20, 2006 6:27 am

Linkin5 wrote:
Swift wrote:It's not just an opinion, it's a derogatory add campaign.

Do you really want me to give you a list of lawsuits brought filed in similar situations?
Yes, yes I really would like you to find law suits like this that won, there is nothing false about their ad campaign.

It doesn't have to be "false" to be derogatory.

Imagine if a company was moving to New York and they ran an add campaign that said "We're moving to New York, lock your doors!" and showed a picture of a scary looking homeless dude.

Or if they were moving to San Francisco and they ran an add that said "We're moving to San Francisco, don't bend over!" and showed a picture of a stereotypical-looking gay man.

All three are stereotypes of their respective cities. All ads would be derogatory in nature.

When are you guys going to start sticking up for Omaha and stop letting people |expletive| all over us?

Linkin5 · Post by **Linkin5** » Wed Dec 20, 2006 12:34 pm

swift, use just gave all imaginary situations.

Coyote · Post by **Coyote** » Thu Dec 21, 2006 5:49 am

Michael Kelly: The land of milk? Ad still not funny

Omaha World Herald wrote:Dana Barry, spokeswoman for Magnolia Hotels, said this week that the item was unfair and "kind of negative." Well, yes - just as the term "cow town" is kind of negative. The Merriam Webster dictionary defines it as "a usually small, unsophisticated town within a cattle-raising area."

Using the term "cow town," she said, was simply "a catchy way of marketing" and was meant "in a fun way, in a humorous light." Nebraska is a cattle-producing state. And stockyards or not, she added, the city is home to Omaha Steaks and lots of steakhouses.

Not to be defensive, but others have used "cow town" as a putdown. When Omaha received a big increase in federal anti-terrorism funding this year, and New York's amount was decreased, East Coast officials and tabloids howled. The New York Post referred to "sleepy Omaha, Neb., known more as a cow-and-corn town than a terror target" and called us "a yawner city."

The truth is that we ourselves sometimes bring on the stereotypes. Although the big meatpacking companies left three decades ago and the stockyards were demolished, the Omaha Convention and Visitors Bureau a few years ago touted the slogan "Rare. Well Done."

DTO Luv · Post by **DTO Luv** » Thu Dec 21, 2006 11:02 pm

Having seen the ad they are going to run I'm very disappointed. All it is is a picture of a cow. Terrible. Not law suit worthy, but terrible.

StreetsOfOmaha · Post by **StreetsOfOmaha** » Fri Dec 22, 2006 6:13 pm

I just don't get it...

It doesn't even make good marketing sense. Why do it?

Post by **Omaha Cowboy** » Fri Dec 22, 2006 6:28 pm

You might be hearing some commentary about this on Grow Omaha this Saturday morning @8:30AM (1110 KFAB)..

..Ciao..LiO....Peace

icejammer · Post by **icejammer** » Fri Dec 22, 2006 6:34 pm

I'll cross party lines here and say it is a very good ad. Simple, direct, humorous, catches the eye. Everything you want in an ad that is (presumably) going to a much broader audience than the Omaha metro.

Bobcat · Post by **Bobcat** » Fri Dec 22, 2006 9:17 pm

I'm with ya Ice Jammer. The "controversy" alone helps get the word out that a new hotel is opening in downtown Omaha. Highly effective.

UNOstudent · Post by **UNOstudent** » Sat Dec 23, 2006 1:59 am

StreetsOfOmaha · Post by **StreetsOfOmaha** » Sat Dec 23, 2006 4:36 am

The elegance of the Aquila Building alone obviously verifies the validity of an ad campaign based on Omaha's so-called "cow-town" history.

More accurately, it BELIES it!!!!

An ad campaign based on false perceptions and slander isn't a good ad campaign.

Stargazer · Post by **Stargazer** » Sat Dec 23, 2006 2:54 pm

I like this ad campaign... it puts Omaha's name out there... and associates it with a Magnolia Hotel brand which is rapidly emerging and well respected. I think rather than reinforcing a stereotype, it will leave people asking more questions about Omaha ... which I think is a good thing.