Coloradans
will not have to worry about getting "SLAPPed" if a proposed bill
becomes law. HB 1192, sponsored by Rep. Bill Sinclair, will protect the
rights of citizens to express themselves in a public forum. The bill
was announced this morning at a press conference where Speaker of the
House Doug Dean spoke and Minority Leader Dan Grossman.
"Citizens
should be free to express their views in a public arena without fear of
retribution. This bill protects first amendment rights to free speech
in all government forums," said Regina Wicks of CoPIRG Citizen Lobby.
SLAPP
suits are almost always thrown out of court, but the citizens involved
are not necessarily winners. They have to contend with drawn our court
battles, legal fees, stress and anxiety, and will think twice about
future participation in the public process. SLAPP suits have been used
to intimidate private citizens from expressing their concerns about
matters like a planned development, water pollution by an upstream
user, or conflict of interest among decision makers.
"Developers
should not be able to run roughshod over citizens who participate in
public proceedings," Representative Sinclair said today. "SLAPP suits
are almost always thrown out of court, but often the real purpose is to
harass and intimidate critics, preventing them from testifying.
Citizens should not have to contend with drawn-out court battles, legal
fees, stress and anxiety just because they want to make their voices
heard."
HB
1192 would make it less appealing to file a SLAPP suit by placing the
burden of proof on the SLAPP filer, expediting court decisions on such
suits, shifting the risk of loss to the filer, and allowing the subject
of a SLAPP suit to recover damages and attorney fees.
"The
legislature can take a step in the right direction with HB 1192,
protecting citizens from SLAPP suits by ensuring that filers have
disincentives placed in their path," said Lori Potter, an attorney with
Kelly, Haglund, Garnsey, and Kahn who has represented SLAPP suit
victims.
Similar
legislation passed out of committee during the 2001 legislative
session, but was defeated on the house floor. Twenty other states
currently have laws protecting citizens from SLAPP suits.
