RichmondLiberty.org

by Robert Russo

One of the most relevant Libertarian issues a Henrico citizen can participate in is zoning and the protection of neighborhoods, which for those who aren’t necessarily interested in politics may be the only civic deliberating they have ever done, and should not require more than a firm voice and some opinions to begin the established process. This is done in faith that that process is secured by the Constitution against even the strongest special interests, but in Henrico that safeguard may not exist anymore.

In late 2005 a private developer called the Judith Agee Johenning Revocable Trust tried to have zoning altered to meet their property needs and citizens of the North Airport Drive Civic Association challenged this through the usual channels one would expect from a small group bearing the name of their street, word-of-mouth petition and an appearance before the Board of Supervisors. They won, and some eight months later this developer "slapped" the two speakers with a $5 million lawsuit based solely on their statements at this public hearing, calling their petition a "civil conspiracy and tortious interference with business expectancy".*

Such legal monkeying is referred to as SLAPP, for Strategic Lawsuits Against Public Participation. If the courts system is a game of cards it is basically putting more money on the table than an opponent can match and winning by default. The merit of the case is irrelevant if the defendant is a middle-class citizen who can be easily intimidated, silenced and ruined by the financial and emotional cost of drawn-out litigation. Even if it is thrown out it prepares the playing field in the area a developer wants to do business in by discouraging whatever voices will get in their way. Sen. Mark Herring of Loudoun says "I have heard from many citizens who have told me they are afraid to speak at public hearings for fear of being drawn into a malicious lawsuit".**

Everywhere around us the Bill of Rights is being chipped away, by the mental mediocrity and constipation that is almost universal in our legislative halls. Whoever can manipulate the law to make money will manipulate the law to make money, and the credo that office holders are just maintainers of a job in the field of civic rhetoric does not suffice to keep up with this. My first impression on attending the General Assembly was how minimal our discussion of laws has become when the language has been reduced to such committee gibberish, and the very dress code is an unspoken prerequisite. One has to be trained in legal discourse for years just to keep up with the other representatives with any success (which the last time I checked was not a condition for representing people). They are lawyers basically.

There are thousands of such cases each year, overwhelmingly related to zoning and environmental issues.** A great deal go nowhere but the Henrico case has drawn more attention than most. Without the Bill of Rights to protect him the middle-class resident can’t afford to win, and if we allow it the whole Richmond area is just waiting to be taken advantage of by every wealthy interest that settles here (the environment itself having no defense at all). A $5 million judgment would easily destroy a neighborhood organization effectively stripping that locale of its organized civic presence (if they hold property such as a meeting house in that community they would probably be forced to sell it for development). In Powhatan last year four residents had to be reimbursed $60,000 in court costs by the Board of Supervisors after they were sued for speaking to that body against the building of 50 new homes, so now not only do citizens have to pay through the nose if they make successful statements, legislators have to pay lawyers with taxpayer money if they choose to listen. The developer actually targeted the board itself for voting against them before turning on the residents.**

Sen. Herring, Sen. Roscoe Reynolds and House Del. Lee Ware are pushing bills in the coming week to join the existing 24 states with anti-SLAPP statutes. (Private interests must see Virginia as a fat target and will move on to the last states who haven’t passed these.) SB858 calls for the summary dismissal of SLAPP lawsuits, and SB1250 grants citizens immunity at public hearings.*** When there is fear and danger of ruination for those who dare to challenge private moneymakers, when public speaking is considered slander and lobbying conspiracy against their unending strive for profit, the rights of those enterprises and their employees themselves are being bought and sold along with those of their unfortunate neighbors. For more information on these bills go to www.vbdems.org/Legislative%20Action%20Page.htm, for updates on the Henrico lawsuit go to mysite.verizon.net/vze7whks/id6.html. http://www.virginia-organizing.org/opinion_columns.php#73 is an excellent article on SLAPP litigation.

*http://www.virginia-organizing.org/magazine/jan07_virginia.php\
**http://www.richmondtimesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1149192921801&path=%21news&s=1045855934842
***http://www.vbdems.org/Legislative%20Action%20Page.htm

Question of the Week: Should there be a strong LP presence at deliberations like this and are there other issues on the current agenda we should take part in? Send your ideas to henrico@richmondliberty.org.