SLAPPs (Strategic Lawsuits Against Public Participation)
- Artist/Author/Producer: Ten residents of Westfield
- Confronting Bodies: Westfield Partners, Inc.
- Dates of action: 1990
- Location: Illinois
- Description of the Art Work
- "...In 1990, Westfield Partners, a real estate development firm,
purchased land in DuPage County to build a subdivision of single family
homes. In order to profit from the venture the developers needed access
to a particular roadway. The ten residents who lived along the roadway
opposed the development due to the increase in traffic. They petitioned
the Highway Commissioner to change the status of the road from a public
roadway to private access. After a public hearing on the issue, which the
developer failed to attend, the Commissioner decided the issue in favor
of the residents..."
- Description of incident
- "The developer then sued the citizens in the federal court in
Illinois, alleging that they had conspired with the town planners to
deprive the developer of property without the due process of law. In
addition, the defendants were charged with slander and interference with
prospective economic advantage."
"In cases such as this individuals and community groups across the
United States are being sued for exercising their constitutional "right
of petition. These suits known as "SLAPPs" (for Strategic Lawsuits
Against Public Participation), are being brought by corporations, real
estate developers, government officials, and others against who oppose
them on issues of public concern--usually relating to the environment or
development, but also encompassing such issues as government spending,
corruption and prison construction. SLAPP targets have been sued for
engaging in a wide variety of of speech and expression activities:
writing a letter to the editor, calling a public official, conducting a
public campaign, speaking at a town meeting, testifying before Congress
or state legislatures, and filing public-interest lawsuits." The Fund For
Free Expression , N.Y.C.,Vol. 1 Issue 6 Pg. 1-6
- Results of incident
- "The ten defendants filed a motion to dismiss the suit on the
grounds that their First Amendment rights of petition were being
attacked. The court granted their motion... The judge sanctioned the
developer's attorney for filing a frivolous suit, claiming that Westfield
had no basis for arguing that there had been a conspiracy between the
defendants and the government to deprive the firm of property without due
process. Westfield Partners was required to pay more than $9,00 in
attorney's fees to the defendants." The Fund For Free Expression ,
N.Y.C.,Vol. 1 Issue 6 Pg. 6
Source: The Fund For Free Expression , N.Y.C.,Vol. 1 Issue 6 Pg. 1-7