Activists shielded under new statute By Howard Fischer, Capitol Media Services April 30, 2006

Neighborhood activists and others have new protections today against legal harassment. Gov. Janet Napolitano signed legislation Friday that allows them to seek quick dismissal of lawsuits filed against them for exercising their free speech rights.

The measure took effect immediately on her signature.

The most immediate benefit will go to individuals and groups who speak out against new developments and rezonings and occasionally find themselves hauled into court by corporations with much deeper pockets. This should enable the defendants to limit their legal fees and even get them paid by their legal assailants.

At the heart of the issue are what have become known as SLAPP actions strategic lawsuits against public participation.

Rep. Andy Biggs, R-Gilbert, who crafted the measure, said these are effective even without being filed: He said they intimidate members of neighborhood groups into silence for fear of winding up in court and having to use their life savings to battle charges of slander and libel.

What the new law says is that someone who believes they have been sued for exercising their constitutional rights can ask a judge for a quick review of the lawsuit. Then the burden would fall on the company that brought the lawsuit to show that it actually did suffer some sort of compensable harm.

A judge would be empowered to toss the case and would be required to order the plaintiff to pay not only the other sides legal fees but also any other costs, ranging from filing fees to the wages lost by defendants in having to confer with attorneys.

Biggs conceded the law does not mean all developers lawsuits against residents will be quickly dismissed.

Contact Howard Fischer by telephone at () -.