ARLINGTON, VA:  Evidently you can fight city hall—and fight private developers who use city hall’s power, too.

A CPRC member displays the controversial ad on blight and eminent domain

In an order issued on March 26, 2009, Judge C.L. “Buck” Rogers of the Circuit Court for Sumner County, Tenn., vindicated the right to protest government abuse by dismissing the libel lawsuit brought by Richard Swift, a developer who is a former member of the Clarksville City Council, and Wayne Wilkinson, a member of Clarksville’s Downtown District Partnership, against members of the Clarksville Property Rights Coalition (CPRC).

Swift and Wilkinson sued the CPRC because its members criticized them for supporting Clarksville’s controversial redevelopment plan, which authorizes the use of eminent domain for private development.  In a newspaper ad, the CPRC noted that both Swift and Wilkinson are developers and said, “This Redevelopment Plan is of the developers, by the developers, and for the developers.”

The court ruled, “Debate on public issues shall be uninhibited [and] wide open. . . .  Accusing a public official or public figure of using their political influence to obtain a benefit for others or themselves or favoring their supporters is not defamation.”

“The court’s decision is a tremendous victory for everyone who speaks out against the abuse of eminent domain,” said Bert Gall, a senior attorney with the Institute for Justice, which represents the CPRC in defense of their free speech rights.  “The decision puts thin-skinned politicians and developers on notice:  If you file a frivolous lawsuit against people just for criticizing your public actions, your case will swiftly be thrown out of court.”

When a local ordinance “blighted” two square miles of downtown Clarksville, the CPRC was formed by residents and small business owners determined to protect their property.  against what they viewed as “flawed legislation.” A first meeting on the issue drew a full house (60+ people) to the H.O.P.E. center; a second meeting at the L&N Train Station brought an overflow crowd of more than 300 people to hear a presentation on the issue and sign peititions.

Members of the CPRC at a city council meeting

Across the country, in places like Renton, Wash., and Freeport, Texas, there has been an ominous trend of politicians and developers using frivolous litigation to suppress the speech of home and business owners who oppose the abuse of eminent domain for private development.  The CPRC’s victory in Clarksville resoundingly reaffirms that the First Amendment protects that speech.

“I am thrilled that the court reached the right decision to protect my right to free speech,” said Joyce Vanderbilt, a member of the CPRC.  “Swift and Wilkinson tried to bully us with this lawsuit, and the court just told them that they should never have brought it in the first place.”

“We won this fight not just for us, but for every home and business owner who gets sued just for speaking out against eminent domain abuse,” said Pam Vandeveer.  “I’m glad that this is still a free country.”

Although the free speech fight on behalf of the Clarksville activists is over, the effort to reform Tennessee’s eminent domain laws rages on.  The Institute for Justice recently graded Tennessee’s eminent domain legislative reforms as a “D-minus,” stating that much more needs to happen to protect Tennesseans from eminent domain abuse.  Tennesseans have much less protection from eminent domain abuse than in states like Georgia and Florida, which have enacted strong laws.  Senator Paul Stanley and Representative Curry Todd have introduced a reform bill that would move Tennessee up into an A grade because it better defines “public use” and “blight”—two key reforms that are needed if property is to be safe from eminent domain for private gain.

Jerry Martin of Barrett, Johnston & Parsley in Nashville serves as local counsel for the Clarksville Property Rights Coalition.

CPRC member Joyce Vandemeer with the controversial ad

CPRC, Institute for Justice: Thin-skinned politician and developers filed lawsuit to stifle debate over eminent domain

ARLINGTON VA: It is time to throw out the frivolous lawsuit meant to silence the free speech of those who oppose eminent domain abuse.

That is the message members of the Clarksville Property Rights Coalition,  grassroots group formed to fight the abuse of eminent domain in their community, delivered at 8 a.m. today through their attorneys from the Institute for Justice.  A hearing on the coalition’s motion to dismiss the case will be held at the Circuit Court for the 18th Judicial District, 105 Public Square, Sumner County Courthouse in Gallatin, Tenn., in the second-floor courtroom before the Honorable C.L. “Buck” Rogers.

On May 3, 2008, the Clarksville Property Rights Coalition ran an ad in the local newspaper, The Leaf-Chronicle, criticizing Clarksville’s proposed redevelopment plan and its backers, including Richard Swift and Wayne Wilkinson, who are developers in Clarksville, Tenn.  Swift is not only a developer, but also a member of the Clarksville City Council, an elected official with the ability to vote for eminent domain for private development.  Wilkinson is a member of Clarksville’s Downtown District Partnership.

The ad, noting that both Swift and Wilkinson are developers, said, “This Redevelopment Plan is of the developers, by the developers, and for the developers.”  Six days after the ad appeared, Swift and Wilkinson—who are using the power of government to benefit developers—sued the group and its members for defamation and demanded $500,000.

“This tactic—where developers and public officials who abuse eminent domain sue property owners and their advocates to try to silence them—is a disturbing national trend,” said Bert Gall, a senior attorney for the Institute for Justice, which represents property owners to defend both their free speech and property rights.  “Similar cases are now unfolding in Texas, Missouri and Washington.”

Gall said, “Swift and Wilkinson are thin-skinned bullies trying to silence and intimidate their critics with frivolous litigation.  We all have a First Amendment right to speak out against government abuse without getting sued for our speech by the very people whose actions we are protesting.  If politicians and public figures could sue anyone who criticized them, everyone in America would need a lawyer.  But under the First Amendment, you shouldn’t need a lawyer to speak out about politics.”

The Institute for Justice recently graded Tennessee’s eminent domain reforms as a “D-minus,” stating that much more needs to happen to protect Tennesseans from eminent domain abuse.  Senator Paul Stanley and Representative Curry Todd have introduced a reform bill that would move Tennessee up into A territory because it better defines “public use” and “blight”—two key reforms that are needed if property is to be safe from eminent domain for private gain.