Committee backs bill to protect speakers' rights
A Senate committee on Monday endorsed legislation to protect citizens from lawsuits intended to discourage them from speaking at public hearings. Sen. Mark Herring's bill targets "strategic lawsuits against public participation"--or SLAPP suits--which typically are filed by big corporations or developers to stifle public opposition to rezonings or other plans that require a government body's approval. "Citizens across the commonwealth are becoming intimidated and scared about testifying at public hearings for fear of being dragged into a lawsuit," Herring, D-Loudoun, told the Courts of Justice Committee. "Citizen involvement is crucial to good decision-making."
Committee backs bill to protect speakers' rights
By LARRY O'DELL
Associated Press Writer
January 29, 2007
RICHMOND, Va. -- A Senate committee on Monday endorsed legislation to protect citizens from lawsuits intended to discourage them from speaking at public hearings.
Sen. Mark Herring's bill targets "strategic lawsuits against public participation"--or SLAPP suits--which typically are filed by big corporations or developers to stifle public opposition to rezonings or other plans that require a government body's approval.
"Citizens across the commonwealth are becoming intimidated and scared about testifying at public hearings for fear of being dragged into a lawsuit," Herring, D-Loudoun, told the Courts of Justice Committee. "Citizen involvement is crucial to good decision-making."
Herring's bill would provide citizens immunity from claims of civil conspiracy or tortious interference arising solely from remarks made at a government body's public hearing. They would not be protected from lawsuits alleging libel or slander.
Maureen Stinger, a lobbyist for Virginia's homebuilders, spoke against the bill.
"Laws regarding civil conspiracy and tortious interference are pretty well settled," she said, adding that courts do a good job dealing with such lawsuits on a case-by-case basis.
However, supporters of the legislation said even cases that are promptly dismissed accomplish their objective.
"People will not come out and speak at these public hearings," said Joe Walton, one of four Powhatan residents who successfully defended a SLAPP suit that is now on appeal. "We're still having out-of-pocket legal expenses," Walton said.
Jane Koontz of Henrico County said she has witnessed the financial drain on her neighbors--"senior citizens" who were sued after speaking against a landowner's rezoning request before the Board of Supervisors. The neighbors are now reluctant to speak up, she said.
"SLAPP suits are quite successful at accomplishing their intended goal ... shutting us up," Koontz told the committee.
Herring's bill and a similar measure sponsored by Sen. Roscoe Reynolds, D-Henry, were combined and sent to the Senate floor on a voice vote.
The bill is SB1250.
On the Net:
Track legislation at http://legis.state.va.us
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