ACLU SUPPORTS CITIZENS SUED BY LOCAL MAYOR
Case demonstrates need for greater protection of free speech rights.
St. Louis, July 11, 2002 -- The American Civil Liberties Union of Eastern Missouri announced today that it would file briefs in support of six Creve Coeur citizens sued by Mayor Annette Mandel and Council Member Judy Pass after the residents publicly aired concerns about the process of appointments to a citizens advisory committee.
"These types of lawsuits can create a chilling effect on the right of citizens to petition government and make citizens afraid to speak out in their own communities," said Matt LeMieux, ACLU-EM Executive Director. "We take no position on the merits of the citizens' opinions about the city's appointment process, but they should certainly have the right to air them without fear of being sued. There is simply nothing more fundamental in our democratic process than the right to petition one's government."
Mandel and Pass filed the suit after Creve Coeur citizens publicly aired concerns about the Citizens Advisory Committee appointment process and raised questions about a potential conflict of interest by Pass, one of the appointees. The suit claims that the six citizens committed libel, defamation and conspiracy. The citizens contend that they used legitimate political channels to air their grievances, such as speaking at council meetings, writing letters and filing complaints.
ACLU-EM initially took interest in the suit because of its resemblance to a SLAPP suit (Strategic Lawsuit Against Public Participation), a term used to describe lawsuits by public officials against citizens intended to quiet petitioning activity or dissenting views, LeMieux explained. In response to an increase in such suits nationwide, a number of states have enacted anti-SLAPP legislation, which provides a defense against such suits for citizens engaging in protected First Amendment activities. Missouri does not have such a statute.
LeMieux noted that the First Amendment does not protect citizens who engage in libel, slander and defamation, but added that without anti-SLAPP legislation, even unfounded libel and slander suits against citizens who engage in protected First Amendment activities create a chilling effect by forcing citizens to spend significant sums to defend their right to express their views. LeMieux said that the ACLU of Eastern Missouri intended to have anti-SLAPP suit legislation introduced during next year's Missouri General Assembly session to make it harder for elected officials to use the threat of lawsuits to silence their critics and easier for citizens to defend against such lawsuits.
"You can't imagine how alone this has made us feel in our own community," said city council member Laura Bryant, one of the defendants, illustrating the negative impact of such suits. "Now, citizens are afraid to speak out. No one is wiling to stand up; no one is willing to file complaints. It destroys the validity of the ethics process."
The suits are Mandel v. O'Connor et al., No. 02CC-001743, and Pass v. Bryant et. al., 02CC-001867, both pending in St. Louis County Circuit Court.