Strategic Lawsuits Against Public Participation (SLAPP) actions tear at the very fibers of our U.S. Constitution. According to Professor Penelope Canan of the University of Denver, who coauthored a study on SLAPP lawsuits, “These suits aren't even designed to win in court — 95 percent are dismissed or dropped. They're designed to not only keep the SLAPPee from filing a complaint or speaking out, but their neighbors as well. It effectively kills opposition, since people are fearful that if they speak out, they get sued” (Free! Online Journal, Feb. 17, 1998).

In Indiana, a developer and the town of Chesterton sued Charlotte Robertson and the Hoosier Environmental Council (HEC) over the HEC seeking a court review of a Board of Zoning decision regarding a 640-acre commercial/residential development. The attorneys for the town of Chesterton and the developer immediately filed counterclaims charging that the HEC was abusing the legal system and attempting to damage the development company's reputation.

The judge dismissed the counterclaims and wrote, “Allowing a municipality to immediately file an abuse of process claim anytime a citizen challenged a government action would have a chilling effect on an aggrieved citizen.”

In response to the actions against her, Ms. Robertson said, “They don't seem to care about public opinion at all. They want to intimidate not just myself, but everybody in the community. They're trying to keep us all quiet. They're trying to discourage anybody from speaking out against this development” (Free! Online Journal, July 15, 1998).

HEC's attorney, Gordon Etzler, explained, “The judge agreed that the purpose of the counterclaims was for SLAPP [effect]. Town officials signed this agreement with developers in an attempt to avoid any public scrutiny. This is a large project, and its impact on this community has the potential of doubling the size of the town of Chesterton in terms of residents” (Free! Online Journal, Jul. 15, 1998).

Not to be misleading, some municipalities do promote free speech. The Evanston, Ill., City Council is considering offering legal assistance to a resident who was “slapped” with a $750,000 defamation lawsuit after speaking out at a community meeting. A city landscaping contractor initiated the suit because the resident claimed the company “half-butchered” trees it was hired to trim.

The Evanston City Council is considering offering legal assistance because: “Public meetings are designed for people to speak freely about community issues, and getting hauled into court and risking bankruptcy for speaking out will surely stifle such discussions, which are vital to good government. By offering to help its resident with her legal bill, Evanston is encouraging continued free speech at public meetings” (Chicago Sun-Times, May 30, 2000).

In California, “It seems that developer George Argyros, who wants to build a Wal-Mart store in Huntington Beach, invested about $100,000 in Pacific Liberty [bank] earlier this year, when the tiny bank was just starting. The investment came shortly after the city of Huntington Beach gave his Wal-Mart project the green light. One of the bank's founding members is City Councilman Dave Garofalo, the incoming mayor, who invested about $50,000 in the bank” (LA Times, Dec 3, 1999).

What? A new local bank founded by a city official and a local developer making a large deposit after gaining city approval for his big box development. Has this scenario come up somewhere before? The major question is was the Huntington Beach city attorney also involved in the new local bank?

You will all be glad to know that the city attorney, Gail Hutton, did the right thing. “Hutton said she declined repeated invitations to invest in Pacific Liberty because of her concern that it might appear to compromise her own independence. `I was approached by Pacific Liberty Bank, and I declined to [invest],' Hutton said. The reason she explained, had to do with her experience more than a decade ago in the now-defunct Huntington National Bank. `Among other things, I had previously invested in a bank that was promoted in Huntington Beach, and I felt that this created a lot of difficulties for me to function as city attorney because once in a while, they have a matter coming before the council, and if I have any investment over $1,000, it is necessary for me to abstain and recuse myself. That costs the city money' (OC Weekly, Nov. 26-Dec. 2, 1999).

Let us not forget our very own ethics hero — Wright Lipford. In 1985, Lipford was the attorney for the Peachtree City Development Authority. He was offered a substantial stake in a new bank named Peachtree National Bank. Simultaneously, the bank was asking for $1.2 million in development bonds from the Development Authority. Would Lipford's dual role of bank partner and Development Authority attorney be a conflict of interest?

Later in October of 1985, it was announced that Wright Lipford had released himself of all interest in the bank. Lipford's period of circumspection resulted in an ethically stable environment untainted by even the appearance of a conflict of interest.

Upon dropping the SLAPP style lawsuit against me, the statement released by Webb, Stuckey and Lindsey said, “... the publication of Mr. Brown's letters in The Citizen was politically motivated” (The Citizen, June 28).

I was truly motivated to clean up the mire of what still appears today to be a prospective conflict of interest in our political process. Public disclosure leading to public debate is what makes democracy a wonderful thing. City attorney Rick Lindsey's phrase of “both lengthy and expensive” which initiated the lawsuit smacks of intimidation and that is what drags democracy down to the murky depths of political favoritism.

The single most powerful development corporation in our city presents a voting member of the Atlanta Regional Commission, chairman of the Chamber of Commerce, active member of the Development Authority, lawsuits against both Peachtree City and Fayette County, a request for the most controversial high density annexation in Peachtree City's history and a request for substantial zoning changes. When combined with the fact that the Webb, Stuckey and Lindsey firm presents an active business relationship with the CEO of the aforementioned institution, I truly worry for everyone in Peachtree City.

I still cannot help but raise the question yet again, why did the city select such a firm, the highest bidder no less, to represent us as our city attorney? Of course, Webb, Stuckey and Lindsey's statement dropping the lawsuit acts merely as a deflection device from the true crux of the issue at hand, and that is, are their actions worthy of our respect and will the public be the one receiving the utmost benefit in this clouded environment?

I did not expect to be sued for commenting on issues that effect the vitality and quality of life of Peachtree City and Fayette County. I also did not expect to be publicly lambasted by a public servant and then have yet another public servant angrily yell “no” and “this is my meeting” upon my request to reply.

Never in my wildest dreams did I think that I would have to be considering taking out a second mortgage on my home to defend my family and myself against a local government official. You can imagine my fear upon researching SLAPP actions and discovering that some individuals were spending up to $50,000 to defend themselves against their local government official's wrath upon being criticized or critiqued.

My saving grace was my faith in God and the incredible expressions of love from my neighbors all over Fayette County. Many people contacted me and said that they were praying for me and by the grace of God their prayers were answered and the lawsuit filed against me has been dropped.

Total strangers were sending me cards, letters and money to help me get by during the stressful time. I want you all to know that your encouragement helped my wife and me to keep a smile on our face and realize that we were going to make it.

It now appears that I will have to file a countersuit in order to pay back those who gave of themselves financially to help keep me afloat.

On behalf of my family and me, we love you all and we thank you for working to make Peachtree City such a great place to live. Never stop fighting for your community!

Steve Brown

Steve_ptc@juno.com

Peachtree City

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