Fi Fa, Foe, Chum
Georgia debt retrieval law may sculpt Atlanta’s gay media landscape.
By Xanna Don’t for Don’t Label It!
On June 8, Bibb County Superior Court granted Page Enterprises Printing Solutions of Marietta, GA, a “fi fa” (lien) against Gaydar Magazine, Inc., owners of now defunct publications Gaydar and ATL Free Press who purchased the renowned Southern Voice (SoVo) and David magazines. Page Printing has been chasing a $40K debt from Gaydar since 2009.
On February 25, 2010, Gaydar ignored their financial responsibility to Page and instead acquired David and SoVo in a court room yard sale of remaining assets from Window Media, the inflated glbt publications conglomerate that went belly up under a defaulted $38 million loan from the Small Business Administration. Gaydar plucked the two well known, established Atlanta-based glbt publications by outbidding the owners of the new Georgia Voice (GA Voice or GaVo) who, as former SoVo owners and employees, assumed they would win them in court for $8,000. Gaydar bid $9,000 and legally acquired exclusive use of their brand names, paper archives, distribution boxes, and some dilapidated office equipment and furniture.
Last January, as Contributing and then Interim Editor of ATL Free Press (ATL-FP), I found myself in the same predicament as Page Printing: unpaid by the Gaydar folks. When my art director and I stopped producing content for nonpayment, Matt Neumann, Gaydar owner and publisher, told Atlanta’s arts weekly, Creative Loafing, we were fired for making the newspaper “too lesbian.” Project Q Atlanta, a web-based glbt publication helmed by two former Window Media-era David/SoVo editors, picked up the story and their bulletin board below it exploded. Neumann scraped our reputations further and I clawed back. David Page, owner of Page Printing, joined in, going public about Gaydar’s debt to him in support of my claim of owed money. On March 5, Project Q followed up with a story about the David/SoVo acquisition juxtaposed against the announcement that the Page debt had manifested into a lawsuit. That story’s bulletin board burst at its digital seams. The melee went on in subsequent coverage for weeks.
Bibb County Superior Court records indicate the month of April as the most recent default judgment for Page against Gaydar during the suit’s months-long process. It was granted for the principal amount ($37,246.94) with fees and pre-judgment interest totaling $43,131.28. Post-judgment interest is currently accruing at 12% annually. The judgment specified a payment plan for Gaydar to follow: $1,000 on the spot, $3,000 on April 16, four consecutive payments of $4,000 due 4/30, 5/14, 5/28, and 6/11, and a final balloon payment of $15,000 due on June 25. It also specifies no “fi fa” is to be issued if the payment plan is fulfilled.
Fi fa is the abbreviation for “fieri facias,” which in Latin means “cause it to be done.” It is the first legal step in acquiring personal assets to satisfy a debt.
David Page, owner of Page Printing, told Don’t Label It! (DLI) the first check for $1,000 signed by Gaydar CFO Brian Sawyer bounced and no other payments have been made. Page Printing was granted a fi fa against Gaydar by the court on June 8.
“We’ve negotiated twice and twice they haven’t followed through,” Page said. “I’ve gone through this for months. I’ve given up and turned it over to an attorney.”
Todd Poole of the Poole Law Group in Decatur, GA, confirmed the rubber nature of Gaydar’s check and stated that Gaydar has made no further payment attempts. He also characterized the nature of the fi fa granted his client.
“It’s a lien on any real property Gaydar has in Bibb County, like land or buildings. But a sheriff can also levy personal property which could include their rights to names such as David and Southern Voice,” Poole explained.
On Monday, I met with both Neumann and Sawyer to discuss the sale of Southern Voice to me. I had joked with them at a recent GA Voice party that I was a little sorry I hadn’t gone to court that morning back in February and bid on it myself. Saturday afternoon, Sawyer texted me, “Do u want to by [sic] sovo?” I replied, “Really?”
While I promised the dollar amount the Gaydar guys quoted me to purchase SoVo would stay “off the record,” I can disclose their proposal would have kept them firmly in the ad sales seat (why would a former unpaid employee consent to them being the filter for ad revenue?). Brian Sawyer told me that Page Printing’s fi fa didn’t pertain to Southern Voice because it was registered with the state as its own corporation (SoVo, Inc., as of March 18). When I balked by pointing out that Page’s legal debt complaint went back to November of 2009, he assured me that the David/SoVo purchase was not made by Gaydar but by him and Neumann with another investor.
The Report of Asset Sales from U.S. Bankruptcy Court of Northern Georgia obtained by DLI clearly indicates the sale of Southern Voice and David Atlanta on March 1, 2010, by the trustee for Window Media to Gaydar Magazine, Inc.
When confronted with this fact, Sawyer stipulated he would not discuss anything further with me unless I signed a non-disclosure agreement. When I declined and asked if he had any final comment, he replied, “No comment and sorry.”
An element of Gaydar’s sales pitch to me was that GA Voice had made overtures to them about acquiring the Southern Voice name due to confusion in the marketplace and that GaVo was in need of the bargaining value of the established SoVo name.
David Page told Don’t Label It! that Project Q Atlanta, comprised of former Window Media-era David/SoVo staffers, has been sitting on the bulk of their recent legal rulings documents for weeks now and that he had hoped they’d do a follow up story on it. When contacted by DLI, Matt Hennie, co-owner of Project Q, said it was something they were considering, but that he wouldn’t discuss their editorial process. When asked if he knew whether GA Voice was negotiating with Gaydar to purchase the name Southern Voice, Hennie replied, “No comment.”
While difficult to contact during Georgia’s primary election cycle this week, Laura Douglas-Brown, Editor of GA Voice and the former Editor of Southern Voice under Window Media, confirmed today that discussions had begun to acquire the SoVo name.
“We have had an informal conversation,” she said. “If we acquired it, our plan would be the same as when we originally bid on it in bankruptcy court: to use the distribution boxes [for GA Voice] and retire the name because it has sentimental value to us.”
But Douglas-Brown emphasized that they had not reached a formal negotiation stage.
“We’ve had a couple of emails and voice mails going back and forth, but nothing formal at all,” she stated.
Meanwhile, Page’s attorney, Todd Poole, is undeterred by Gaydar’s attempts to sell this asset and is looking forward to using Page’s fi fa execution.
Of it, he said, “David Page and I will be tenacious in chasing them down and holding them accountable. We’re going to figure out what assets to get and then go take them.”


Scott M. Herrmann, an Atlanta attorney who composed the six-page notice on behalf of Gaydar, Inc., confirms that Laura Douglas Brown, Editor of SoVo at the time it ceased publishing in November of 2009, and Chris Cash, the paper’s founder who sold out to Window Media a decade ago, received their copies of it early this afternoon. Window was the largest conglomerate of gay publications in the country when it went belly up last year under a defaulted $38 million Small Business Administration loan. Since then, the two women have formed The Georgia Voice (GA Voice) with other former SoVo employees and funds derived from a campaign called “Save SoVo.” Their new for-profit company did this by soliciting non-tax deductible donations from the public using the Southern Voice name via Facebook, MySpace, and most notably from a web site called SaveSoVo.com that currently brings web surfers directly to The Georgia Voice website. In Mr. Herrmann’s snarky prose, this is a big no no, and that money may now belong to Gaydar.