Cutting Down on Intimidation : Permitting legitimate litigation to proceed--without denying rights

A group of homeowners, exercising their constitutional right of free speech and petition, speak out against a proposed development in their neighborhood. The developer, angered that this opposition may derail his plans, retaliates by suing the homeowners for defamation, demanding millions of dollars in damages. The suit is eventually thrown out of court or won by the homeowners--but not until they have paid a fortune in legal fees to defend themselves.

An uncommon scenario? Hardly. Known as strategic lawsuits against public participation (SLAPPs), these actions are being filed in increasing numbers. Typically, developers or other businesses allege defamation or conspiracy by individuals or small groups who have done nothing more than lawfully express opposition to building projects.

The average SLAPP suit asks for $9 million in damages and takes three years to resolve. And in the process of defending themselves, those who are targets of the suits can lose their life savings.

That’s why we support SB 1264, sponsored by state Sen. Bill Lockyer (D-Hayward). The bill would discourage these groundless, intimating lawsuits by allowing a judge to block a suit unless the court determined that “there is substantial probability that the plaintiff will prevail on the claim.”

This is the second time around for Lockyer’s bill. It was passed by the Legislature last session, only to be vetoed by Gov. Pete Wilson, who wanted a lower evidentiary standard for continuing a suit. Some compromise may be possible. The full Senate is scheduled to vote on the bill this week.

Assemblywoman Gwen Moore (D-Los Angeles) recently introduced a similar measure. But her bill would protect only homeowners associations and not the other victims of SLAPPs, including (to cite actual examples) parents sued for complaining to their board of education about unsafe school buses, citizens sued for writing letters to a newspaper opposing construction of an incinerator and League of Women Voters members sued for campaigning against a zoning change.

We urge passage of Lockyer’s bill.