The recent action by the 49ers to use the courts to gag Mayor Lisa Gillmor is a defacto SLAPP suit using a unique interpretation of contract law. The team is claiming Gillmor has no right to declare the team is not cooperating with her attempt to seek information. Interestingly, in the California town of Adelanto, the owners of a minor league baseball team, the High Desert Mavericks are suing the city over the release of revenue information. It seems the 49ers are becoming more of a Diablo claiming the soul of the city over the bargain made and Gillmor is the Daniel Webster advocating for the city’s freedom. This Faustian drama is heading for a climax no one wants and we can all avoid by talking rather than forcing silence.