With almost all of the political discussion revolving around President Biden’s withdrawal, President Trump claiming President Biden doesn’t know he withdrew, and the coalescing support for V.P. Harris to run in President Biden’s place, many people have missed this important news: Pennsylvania finally has passed a comprehensive anti-SLAPP suit law.
Most RCOs know about SLAPP suits—strategic lawsuits against public participation. All too often, deep-pocketed developers have either threatened to or filed suit against RCOs, their board members, and individuals because the RCO opposed a development in their neighborhood. The goal of SLAPP suits isn’t to win; it is to stop neighborhood groups from participating in zoning issues.
Hall Monitor has been covering the issue. We interviewed Jack O’Hara, president of the Greater Bustleton Civic League after the RCO had been sued by a wealthy developer trying to build a warehouse in what some considered a residential neighborhood. The Greater Bustleton Civic League (GBCL) did exactly what the City asked: represented its neighborhood in a zoning issue. And now, according to an interview, the City is allowing an out-of-town developer to use its financial power to sue both the GBCL and its Board.
The out-of-town developer, Relteva LLC, wants to turn a site surrounded by Bustleton residents and miles from a major highway into a 1.1 million-square-foot UPS warehouse. This will add almost 5,000 more vehicles, many tractor-trailers, to already overcrowded streets.
The volunteer members of GBCL raised the money to pay for a professional analysis. After reviewing it, the group concluded the development would hurt the Greater Bustleton community’s quality of life. GBCL went to court to challenge the out-of-town developers’ right to build.
The developer, instead of accepting the Community’s right to protect itself, decided to sue. It sued the group and each member of the group’s Board. Fortunately, GBCL had insurance. Unfortunately, the insurance company refused to renew the policy, and the RCO was forced to pay an exorbitant amount for a new policy.
At the time, PA’s anti-SLAPP suit law was only concerned with environmental issues. While a state-wide law protecting Citizen’s free speech had been introduced in several sessions, it had never passed. Concerned about the fate of RCOs former City Council President placed a charter change proposal on the ballot. If passed, the City’s Home Rule Charter would protect RCOs from the SLAPP suits.
Despite the opposition of the Philadelphia Inquirer’s Editorial Board, the self-described “urbanist political action committee” Fifth Square, and various zoning lawyers, Philadelphia voters passed the change protecting RCOs by 66.6% to 33.3%
The Charter change empowers the City’s Law Department to develop how the protection will be provided. It has yet to do so.
While RCOs have been waiting, a State Representative from Erie County, Ryan W. Bizzarro, the Democratic Policy Chairman, was able to get changes to PA’s restrictive SLAPP suit protection passed. Surprisingly, the bill passed unanimously in the State House and the State Senate. It was supported by both the ACLU and Americans for Prosperity. On July 18th, 2024, Governor Shapiro signed the bill into law, adding Pennsylvania to the list of 33 other states that protect citizens’ rights to speak freely.
Rep Bizzarro, in announcing the Governor’s signature making the bill law, said, “The need and impetus for this legislation arose more than a decade ago when a nonprofit in Philadelphia was financially drained and facing bankruptcy from frivolous lawsuits because of their desire to advocate for the good of their Community. This law preserves free speech, and it helps end intimidation by litigation.”
With the law, RCOs may be able to save money on their liability insurance. It will also free them to meet with the City’s Law Department and create a workable model for representation to ask the courts to dismiss SLAPP suits and force the unscrupulous developers to pay legal fees and damages.
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