COURT UPHOLDS SLAPP SUIT DISMISSAL
Case Demonstrates Need for Anti-SLAPP Legislation
St. Louis, February 18, 2003 - The Missouri Court of Appeals today affirmed the dismissal of libel and conspiracy charges by Creve Coeur Mayor Annette Mandel against residents who aired grievances about the mayor's handling of appointments to a citizen's advisory committee. Circuit Judge David Lee Vincent III dismissed the lawsuits, filed in May 2002 by the Mayor against six Creve Coeur residents, against two defendants in August. Subsequently, Mandel voluntarily dismissed her claims against the other four defendants and appealed her claims against the two, residents Robert O'Connor and Jeanne Rhoades.
The suit centers on a letter written by O'Connor to the City Council asking for a Council investigation into the mayor's handling of his complaint about the appointments process. The ACLU of Eastern Missouri filed an amicus brief with the Court of Appeals.
"That it took nine months of litigation to protect citizens' free speech rights demonstrates the need for legislation limiting such suits by public officials against citizens engaging in legitimate petitioning activities on matters of public concern," said ACLU-EM Executive Director Matt LeMieux. SB268, introduced by Sen. John Loudon (R-7), would provide expedited proceedings in cases seeking damages for speech made at a public meeting, and is pending in Senate Criminal Jurisprudence Committee.
"These types of lawsuits restrict citizen's constitutional rights to petition government for redress of grievances and engage in unfettered political speech," LeMieux said. "The citizens in this case did nothing more than express opinions about a political matter, and the First Amendment clearly protects the right of citizens to be critical of their elected officials."
The Appeals Court agreed that such statements could not be libelous. "As a resident of Creve Coeur, O'Connor became concerned when . . . the Mayor did not take his earlier concerns regarding a committee appointee to the Council for review and, therefore, felt compelled to take his concerns to the Council himself."
ACLU-EM took interest in the suit because of its characteristics of 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.
"These suits create a chilling effect on the ability of these and other citizens to speak out on matters of public concern in their own communities and before their own elected representatives," LeMieux said.
In light of this and another case filed by the Mayor of Maryland Heights several years ago, LeMieux said that it was time for the Missouri to provide citizens with protection from these kinds of suits. The legislation pending in the Missouri would 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.
The case is Mandel v. O'Connor and Rhoades, No. ED81642, Missouri Court of Appeals for the Eastern District. Similar claims filed against the same defendants by Councilwoman Judy Pass were dismissed at the Circuit Court.