For the third time, Virginia Courts have rejected a lawsuit against the writers of this blog (and others, initially).
Filed in May 2008, the Montgomery County Circuit Court heard demurrers in July and determined the complaints were without merit in October. Claims of a conspiracy and interference with the plaintiff's business operations were not proven or supported, and libel was not committed.
The plaintiff appealed to the Virginia Supreme Court -- twice. Both times, that high Court rejected hearing the complaint (most recently June 12, 2009).
The defense included Guy Harbert, III, of Gentry Locke Rakes & Moore of Roanoke, and the American Civil Liberties Union (ACLU) with representation provided by Rebecca K. Glensberg and cooperating attorney Jonathan Rogers of Floyd.
This case failed on other merits and so did not rise to needing protections provided by our First Amendment, yet it should not be allowed any triumph by discouraging citizens from saying what they think or being involved in causes they care about.
While Virginia laws are not the strongest in preventing SLAPP suits (strategic lawsuits against public participation), local residents should not perceive this as a reason to disengage from open government processes. It is time, however; for Virginia state legislators to strengthen these laws and to include compensating public taxpayers and defendants when complaints are found to be groundless.