From the ACLU of Maryland:
Taking a stand against lawsuits intended to keep Marylanders from speaking out on matters of public concern, the American Civil Liberties Union (ACLU) of Maryland is moving to dismiss a lawsuit filed against two Fallston women simply because they increased awareness and spoke out against a proposal by Harford County to expand the development envelope in their community. So-called “Strategic Lawsuits Against Public Participation” or “SLAPP” suits are intended to censor, intimidate, and silence critics by burdening them with the cost of litigation and threats of big damage awards.
“Maryland needs to strengthen our legal protections to ensure community members can speak their minds on government policies and proposals,” said Deborah Jeon, Legal Director for the ACLU of Maryland. “What makes ‘SLAPP’ lawsuits so dangerous is that they can silence concerned individuals just because they cannot afford lawyers to defend against baseless lawsuits filed for the purpose of intimidating them.”
Stephanie Flasch and Beth Poggioli have been promoting a website called “Keep Fallston Rural” and a petition raising concerns about a proposed expansion to Harford County’s “development envelope.” The proposed expansion includes property owned by Michael Euler, who claims that Flasch and Poggioli mischaracterize his intentions about the development of his land as part of the expansion. However, Ms. Flasch and Ms. Poggioli’s efforts are not concerned with Euler’s intentions, but on the potential scope and effects of the County’s development expansion.
“Acknowledging opposing views helps to create best outcomes. This lawsuit seeks to defeat the opportunity to develop the best outcome through public discourse,” said Poggioli. “This lawsuit greatly discourages public participation in government, something that is so vital in our community,” added Flasch
SLAPP suits threaten public discourse and chill free speech by targeting those who speak out on matters of public importance. The suits are typically filed by well-financed commercial entities seeking to intimidate critics into silence by the cost of hiring a lawyer to defend the suit, and the threat of damages. The suit filed by Mr. Euler seeks more than $100,000 in damages against the organizers of the petition drive, simply for exercising their constitutional right to criticize the county government’s plans.
In 2004, Maryland enacted an “Anti-SLAPP” statute, but it lacks critical components that would actually deter such lawsuits and protect citizens who speak out. The ACLU has repeatedly supported changes to the law that would allow victims of SLAPP suits to recover the costs of defending against the litigation when a judge concludes that the suit was improper. Provisions like this are critical to ensuring that victims of SLAPP suits can obtain legal representation, don’t have to incur potentially huge legal bills simply for speaking their mind, and to preventing such suits from being brought in the first place.
“It is un-American to allow well-financed business interests to use the threat of huge legal costs to silence political opposition from members of communities affected by their plans,” said attorney Robin R. Cockey of Cockey, Brennan & Maloney, PC. “I hope that by defending these two concerned women we are able to send a strong message that harassment of private citizens for speaking out about government policies will not be tolerated.”
Stephanie Flasch and Beth Poggioli are represented by Robin R. Cockey and Michael P. Sullivan of Cockey, Brennan & Maloney, PC and by Deborah A. Jeon and David R. Rocah of the ACLU of Maryland.
Learn more at the ACLU of Maryland website: http://www.aclu-md.org/
Ruth roh…looks like Mr. Euler has messed with the wrong ladies. Well done Mrs’s Flasch and Poggioli.
You apparently didn’t read that the ladies claim they didn’t have any intentions of going after Mr Euhler…… Best these 2 idiots can hope for is Mike drops the case, apparently they messed with the wrong developer.
Personally I hope Mike screws them for every dime they have.
Euler sues them and the ACLU steps in to defend them. No that has nothing to do with Euler. Seriously are you stupid? Might not be checkmate, but it sure as heck is stalemate. I’d like to see Euler pay their legal expenses for basically filing a harassment suit so obviously intended to silence them.
Yeah we don’t need no more stinkin rental houses in Fallston. Go build some rentals in Essex or Armstead Gardens.
What is the definition of rural communities?
Rural communities are often farm lands. However, a rural community can also be woodland forests, plains, deserts, and prairies. There are few buildings, businesses, and people in rural communities. In these communities people live far apart from one another.
There is no one thing “RURAL” about Fallston.
I’m proud of these two individuals for standing up for freedom of speech! Nobody should try to intimidate anyone into silence.
Why is it most people who cry freedom of speech have no idea what their rights actually are. Not being a product of Harford County schools I’m guessing they don’t teach it.
I usually hate the ACLU but in this case they are actually doing the right thing. Big bad developer thought he could sue and scare these two ladies away. Good job ACLU
“Hey, (Politians), leave those kids alone” – paraphrased from the album “The Wall,” by Pink Floyd.
For once I agree with the ACLU. The two people circulating the petition should be free to do so. I don’t knoe Mr. Euler but he seems to feel he can bully or threaten people to get his way. Go ACLU.
That’s the beauty of free speech they are free to say whatever they want. The down side is they also may be held responsible for what they said, if it was known to be untrue.
Wasn’t the suit a slander suit? I thought it wasn’t for speaking their minds, but rather for speaking their minds about Mr Euler and accusing him of lining the pockets of politicians (a crime). If someone accused me of doing something I didn’t do, I’d be angry too. I don’t know the particulars here and Mr. Euler could be way off base but in my 50 years in Harford County every time a developer is mentioned people automatically say they are bribing officials. Maybe some of them are, but if you don’t know it for a fact, you shouldn’t say it.
According to original articles on the subject you are correct.The women being sued were making false accusations regarding Mr Euhler.
Please read the background as reported prior. Nobody slandered Euler. Euler sued over the petition claiming the names were not legitimate and he was being harmed in some way. There was no slander…these women have been careful to frame it about the development envelope and Fallston and not specific to Euler but feel free to make up more stuff if you want.
I can only assume you have a character disorder from your other posts and operate in some sort of different reality than the rest of us.. Here is a direct quote.
The lawsuit, filed Wednesday in Harford County’s Circuit Court, alleges that defendants Beth Poggioli and Stephanie Flasch are falsely claiming he desires to use the expansion of what is known as the county’s “development envelope” in order to build “big box” retail, strip malls and/or apartment complexes on the site, which is zoned for agricultural use.
Sorry, apparently I didn’t have all the information I needed before replying.
And that is slander how?
Google is your friend.
SLANDER:
n. oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.
It is not slander to suggest that a significant change to the development envelope in size and scope may in fact result in what the new zoning definition allows. It’s called incrementaism. Just as Abingdon went from farms to Wegmans in a single generation it isn’t out of the scope of possibility to assume we easily move from a 5 plex theatre to a Walmart once zoning allows it. That isn’t slander that’s truth.
You are correct your statements are not slander. Unfortunately that wasn’t what the ladies being sued said. And having to depend on free legal representation may not be their best defense.
Hope that helps.
You seem to know a lot about this case for someone who doesn’t know how to spell the town it affects.
One may wish to check on the spelling of incrementalism before throwing stones.
I have always hated what the ACLU have stood for in the past. In this case…I fully support them.
I’m glad someone is actually confronting people for making false accusations about others. That is NOT free speech it is slander.
You want to shoot off your mouth it’s a free country but there are consequences if you tell lies. Hope you ladies have a whole lot of liability insurance.