Putting an End to Intimidation : Governor should sign bill that would curb unfair lawsuits against homeowners

Gov. Wilson will soon receive a bill, passed overwhelmingly by the Legislature this month, that would go a long way toward curbing the disturbing rise in intimidating lawsuits brought against ordinary citizens simply because they have exercised their First Amendment rights of free speech. Sponsored by Sen. Bill Lockyer (D-Hayward), SB 1264 is well-crafted and long-overdue.

SB 1264 targets lawsuits called SLAPPs, strategic lawsuits against public participation. SLAPPs are typically filed by developers or other businesses alleging defamation and conspiracy against individuals or small groups, such as homeowners associations, who have done nothing more than lawfully express their opposition to a building project or consumer problem. Individuals like former Burbank resident Annette C. Baecker was the target of a SLAPP suit by a developer simply because she publicly voiced her concern that planned luxury homes would damage an environmentally sensitive wetlands area near her. The suit against Baecker was eventually thrown out but not before she had incurred $18,000 in legal fees.

The average SLAPP asks for $9 million in damages and takes three years to resolve. Most are eventually dismissed on constitutional grounds but not before wreaking psychological and financial damage upon their targets. Some named as defendants withdraw their lawful opposition to a development project or neighborhood problem simply because they are scared of further harassment in court and have run out of funds. In most circles that’s called intimidation.

SLAPPs are a national problem but scholars who track this litigation say that California and New York are particular hotbeds for these suits. That’s why New York Gov. Mario Cuomo signed a bill earlier this month restricting this particularly chilling form of harassment.

Gov. Wilson should do the same. Last year Wilson vetoed the bill because he wanted new language to ensure that legitimate suits are not blocked. SB 1264 has been amended accordingly. It now needs only the governor’s signature.