Do you believe in our rights to speak out against atrocities?

I did for the 29 years I’ve spent defending the rights of others. “Even when I didn’t believe in what they were saying….I would die defending their right to say it!”

Here is how this story all came to be.

I was home asleep early one night (I work early mornings) when my wife came bursting into the room, all upset and yelling, “What have you done?” “We’re being sued!” She had just answered the door and a process server had served the papers on her.

After collecting my thoughts and assuring myself that no one was dead or dying, I took the papers and began reading. It was a notice of intent to sue me for Slander if I did not remove a web site that I had created. Unsure of what or who I had offended, and to appease the situation, I immediately took down the site as demanded to avoid a fight I surely did not want or need.

You see, I have lived in my neighborhood for over 14 years and have become frustrated and upset about the actions of our Master Association. I can surely take some of the blame I know as I haven’t been active in the association going to meetings and such, but some of the things that had been done were very questionable to say the least. (You can judge them for yourself later by visiting the site at www.MWORlando.com ).

Having immediately taken down the site, I didn’t give it much thought until about four days later, as I was about to leave on vacation. About 8 pm, I answered the knock on the door and it was the Process Server. I am being sued anyway for Slander and I had 20 days to file an answer.

With no time to really react, I got to spend the next week, with the wife and family, thinking about this action and what it would mean. I absolutely couldn’t tell my wife, as then we would be arguing about it all week long. It was quite a burden to carry all week alone, so the family could have a peaceful vacation, but I was able to do a lot of thinking. I decided that, everything I said was true, which is a defense to slander, and that no one was going to take away my rights to speak out. Upon my return, I again put up the site and began asking questions. What I discovered has more than shocked me. It’s called a SLAPP Suit, Strategic Lawsuit Against Public Participation. It seems that our Master Association, that controls about eight Homeowner Associations in our area called Metrowest, had been taken over by a wealthy and powerful developer, that now carried the rights as the original developer. (You will have to read the article written by the Orlando Sentinel in 2005 about this guy to learn more. There is a link to it on the website also) He is developing a $500 million mixed-use entertainment complex in our area and in doing so, took over our association. When I asked questions and pointed out certain things, it offended and outraged him so he is suing me stating I damaged his reputation and business with my site. I think he gives me too much credit, as from what I read, he doesn’t need any help doing that. He has quite a reputation of strong-arm tactics.

Knowing that for me to defend my statements, I would need to prove that what I said was the truth. Since most of the information was either in plain sight, or had been written in the news article in 2005, I felt pretty good that I could defend against this. I contacted the reporter who had written the article by email and got an amazing response. A reporter came out and interviewed me about the site and the issues in question. On March 28th, 2007, an article was published on the front page of the Orlando Sentinel about this action, referring to it as a SLAPP suit. Boy was I getting an education.

I contacted my local PBA and since it was a “Personal” matter, they would not represent me. I did get a consultation with our attorney though. Prior to meeting with him, I also consulted a First Amendment attorney who said, “Oh, yes, we can defend this, I need a $10,000 retainer and legal fees could exceed $45,000.” I don’t know about you, but I don’t have an extra $10,000 lying around and definitely can’t afford the $45,000. The real bad news is, even if I win, I cannot collect attorney’s fees. Who really wins? Maybe hearing what our attorney had to say would be a great idea.

What I have learned is, 24 states now have legislation against SLAPP suits. Although Florida is one of them, the provisions are limited and there is no case law currently on it.
With the money of this developer, he can surely spend the $45,000 dragging out this suit. If it does not go his way, he can appeal it and again it will be years being decided. It may ultimately have to be decided by the Florida Supreme Court. That is, if my money holds out. Alone, it won’t make it that far. But with the unity of all Americans, and support of my friends and brothers, I will take it to the end, so others won’t ever have to face what I am facing, just for speaking out.

Please visit the website at www.MWOrlando.com for all the links to the articles. Additional information about SLAPPs can be obtained at www.SLAPPS.org.