PA considers SLAPP lawsuits

Posted 8/21/12

HARRISBURG, PA — Nearly a year ago, the Old City Civic Association of Philadelphia (OCCA), one of the longest-running and active community groups in Pennsylvania, shut itself down. The board voted …

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PA considers SLAPP lawsuits

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HARRISBURG, PA — Nearly a year ago, the Old City Civic Association of Philadelphia (OCCA), one of the longest-running and active community groups in Pennsylvania, shut itself down. The board voted to close the door because insurance for the organization had become too expensive.

The association was deeply involved in zoning and development issues, and many lawsuits had been filed against it by developers over the years, leading to high insurance rates.

In the eyes of OCCA supporters, many of the legal actions were Strategic Lawsuits Against Public Participation (SLAPP), and were never intended to go to trial, but instead were filed as a way to make the group spend money on legal fees and otherwise dissuade the group from further involvement in any public policy debate.

There is currently some protection against SLAPP lawsuits in Pennsylvania, but it is limited to environmental issues. The senate is considering legislation that would expand the protections against SLAPP lawsuits, making it easier to get them dismissed, and allowing the targets of such suits to collect legal fees from those who file them.

The Senate Judiciary Committee held public hearings on April 24 and April 29 regarding the issue, as well as a bill introduced by Sen. Larry Farnese that would expand SLAPP protection.

Farnese said, “The judicial system cannot be used as a sword to chill free speech or to prevent folks from being heard. What does it say about our society when civic associations and community advocates have to make a decision on whether or not they should increase their insurance coverage or increase their personal insurance coverage in their decision to serve their community?”

Joe Schiavo, formerly of OCCA, spoke at one of the hearings and supported Farnese’s bill. He said, “Those who give their time as volunteers on behalf of their community and participate in civic organizations… should not have to face reprisals for participating in the public process that governments afford them.” While Northern Liberties’ Matt Ruben agreed that Farnese’s bill would provide legal protection, he said if any changes were made to the bill, they should be made with an eye towards protecting a defendant’s money and time.

The committee also heard expert testimony from Andy Hoover, ACLU of Pennsylvania’s legislative director. Hoover said the ACLU is in favor of Farnese’s legislation. “We believe that Senate Bill 1095 does a good job of drawing a balance between access to courts and the abuse of courts to bully people for exercising their First Amendment rights,” Hoover said.

According to a press release from Farnese, “Throughout Pennsylvania and the U.S., SLAPPs have been filed against a wide variety of protected speech and expression activities, including writing a letter to the editor, circulating petitions, erecting a sign or displaying a banner on their property, complaining to school officials about teacher misconduct or unsafe conditions in the school, testifying before Congress or state legislatures, and filing a public-interest lawsuit.”

Twenty-seven states have adopted anti-SLAPP legislation.

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