As acronyms go, "SLAPP" suit is perfect. It stands for "strategic lawsuits against public participation," but slap -- as in a backhander across the chops -- is the operative term. That's slap as in abuse, bully and intimidate.
It's legal extortion and it's got to stop.
In development circles, SLAPP suits -- such as ones filed by Meijer, Inc. and the Village at Grand Traverse LLC against Acme Township officials -- are nearly perfect weapons. They are filed against planning commission members or township trustees as individuals, not in their official capacity, which means the people being sued can't depend on the township's insurance policy to defend them. Private citizens who get too mouthy are often targeted, too.
If the person being sued needs a lawyer, he pays the fees. If he loses -- though that rarely happens -- he is personally liable for any damages. For most people, that could mean their savings, their house, the car, everything.
For the most part, the suit itself, not the outcome, is what counts. When Meijer filed a SLAPP suit against township Treasurer William Boltres, the company didn't want his house or his car; they wanted him to abandon his position that Meijer must meet township conditions for building a superstore there.
As Stephen Tuttle, a political consultant who has researched "SLAPP" suits says, the financial and emotional drain the suit puts on a family is sometimes enough to make the defendants give up, shut up and go away.
This is no more than corporate thuggery, and at least 24 states have laws to protect individuals from SLAPP suits; two have included government officials.
Until now, Michigan lawmakers haven't lifted a finger. But after watching the situation in Acme, Rep. Kevin Elsenheimer, R-Bellaire, has announced he is working on legislation to stop SLAPP suits in Michigan against government officials; he may extend it to protect average citizens.
As an attorney, Elsenheimer has defended Michigan townships against SLAPP suits. As a lawmaker, he has helped draft revisions to the state's zoning enabling act. He said he's "not happy" to see developers try to manipulate the act.
"I'm concerned that part of the playbook is to use the suits to try and leverage against good planning and zoning, and to me that makes no sense and it should be unlawful," Elsenheimer said.
For Ronald and Amy Hardin, the Village at Grand Traverse has gone well beyond trying to "leverage against good planning and zoning." As Amy Hardin put it, the SLAPP suit filed against her husband, an Acme Township planning commissioner, feels more like an "emotional water board (torture)" than an attempt at "leverage."
The Hardins' ordeal isn't over yet.
Meijer and the Village at Grand Traverse both SLAPPed Hardin and three other planning commission members in 2004. Meijer dropped its suits in December, but the Village is twisting the knife.
The Hardin suit was dismissed by Grand Traverse County Circuit Court Judge Philip E. Rodgers, reinstated on appeal, dismissed a second time by Rodgers, and appealed once again by the Village on Jan. 3.
Incredibly, the last appeal came just days after Meijer settled with Boltres, who had sued claiming harassment (a mediator had recommended $3 million) and the Record-Eagle reported that Meijer had paid a public relations firm up to $30,000 to stage-manage a failed recall effort against the Acme board last February. The last appeal can be nothing more than pure retribution, now.
Elsenheimer needs to strike while the iron is hot, and he also needs the speedy -- and vocal -- support of Sen. Jason Allen and Rep. Howard Walker, Traverse City Republicans whose districts include Acme Township (but who have been strangely silent on Meijer's would-be coup).
People on both sides of any development issue have every right to express their views. What they don't have the right to do is bully, intimidate and try to silence the opposition via threats or lawsuits. It has to stop.
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