Defendants swat SLAPP suits

Wednesday, June 4, 1997 | 10:33 a.m.

CARSON CITY -- A Las Vegas woman testified she spent $10,000 defending herself in court against a so-called SLAPP suit filed against her by an auto repair shop when she criticized its work.

When Betty Butler told others about the unsatisfactory repairs, "They slapped me with a suit. I told them I will not shut up."

Butler was one of several witnesses before the Assembly Judiciary Committee Tuesday in support of a bill to discourage SLAPP suits, which are filed by private companies against consumers who publicly criticize them. SLAPP stands for Strategic Lawsuit Against Public Participation.

The companies can say anything they want in their advertisements, Butler said, but complained that "the consumer can't speak out." She did not reveal the company that is suing her.

She was one of several witnesses, including the Nevada Press Association, testifying in support of Assembly Bill 485, a bill by Assemblywoman Genie Ohrenschall, D-Las Vegas. The assemblywoman said consumers are hit with libel and slander suits when they speak out in what has become "an abuse of the judicial process."

No one testified against the bill. But some committee members questioned whether this would allow a person to deliberately lie and be protected from a defamation suit.

What bothered Assemblyman John Carpenter, R-Elko, was a phrase in the bill that a person would be protected from being sued even if the statements were incorrect, unsound, self-interested or not in good faith.

Carpenter asked Kent Lauer, director of the Nevada Press Association, if the Constitution protects people who want to lie. Lauer said it does not.

Lauer said public participation in government should be encouraged and that if "a person accidentally makes a mistake, they should not have to be subject to a lawsuit."

Lauer reminded lawmakers that they are protected from libel or slander suits while speaking during session, and so are people who make statements in court.

Russ and Donna Lewis of Las Vegas said a frivolous suit brought against them by Falcon Homes has ruined them financially. Their story was profiled in the SUN a year ago. Russ Lewis said he has suffered health problems and that the suit has "made life hell." But he added he will not "zip my mouth" about what he says are major construction defects in his house.

The company contends the Lewises lied in their letters, their meetings, their signs and their phone calls, damaging their business and professional reputation in Southern Nevada.

Ohrenschall said the suits are aimed "at shutting people up, and it's an abuse of process."

The bill says a person "who engages in communication in furtherance of the right to petition is immune from civil liability." Protected under the bill would be statements made to a government entity or employee.

Under the bill, if a SLAPP suit is filed, the defendant could submit an immediate motion to dismiss. It must be heard promptly, and the judge would have 30 days to decide after hearing arguments.

If the person being sued won, he could collect court costs and attorney fees. And the state attorney general would have the right to intervene on behalf of the person being sued.

In addition, the individual can bring a countersuit to collect money.

The committee did not take action on the bill.