Fresno anti-mask activist fights latest restraining order against him. How judge ruled
A Fresno County judge upheld a temporary restraining against anti-mask activist Ben Martin on Tuesday, despite his objections.
Martin, a real estate broker, tried to convince Judge Robert G. Mangano that the restraining order was unnecessary and the result of a family disagreement. The woman seeking the TRO is Martin’s sister and also a real estate agent.
Martin got another chance at arguing his case after the judge approved the TRO on May 4, without Martin being present. He told the judge he had a fever and was not allowed in the courthouse, per COVID-19 protocols.
Although the judge attempted to resolve the issue, the two sides could not come to an agreement. As part of the order, Martin must stay at least 100 yards away from his sister. He also cannot harass, attack, strike or threaten her. The TRO expires on March 1, 2022.
During the hearing, the woman testified that Martin had sent her threatening text messages about doing whatever it took to “take me out.”
Martin, who represented himself in court, said he was not talking about physical violence. He wanted her removed from her position as “team leader” of the family’s real estate business.
At times, Martin appeared perplexed as to why he and his sister were in court.
“To be honest with you, I don’t even know how we got here, this is just completely ridiculous,” Martin said. “I have never done anything to my sister, I haven’t even seen her in eight months.”
The woman seeking the TRO testified that she did not believe Martin was referring to ousting her from the company. She felt threatened.
“You stated that I have interfered in your business one time too many,” she said. “And that it would be the last time I ever did it.”
Martin said he was not making a physical threat.
“You are my sister, and even though we don’t like each other, I would never hurt you, never,” Martin said.
Mangano cautioned Martin several times to refrain from interrupting during the hearing. He also corrected him when Martin referred to the judge as Mr. Mangano.
“Mr. Martin, sir, it is Judge Mangano,” he said. “All judicial officers are entitled to a certain amount of respect and deference.”
Martin made news earlier this year when he and a band of followers challenged mask rules by going into several retail stores without masks. Martin argues that several federal laws supersede the local mask rules.
One of the stores, Sprouts, succeeded in getting a TRO ordering Martin to stay away.
