ACLU defends Westerly resident sued by Fire District for defending public access to the shore

The Weekapaug Fire District, says the ACLU, is using lawsuits "to chill people from exercising their freedom of speech on matters of public concern."

From a press release:

In its third skirmish with the Weekapaug Fire District in less than six months, the ACLU of Rhode Island has come to the defense of Westerly resident Caroline Contrata, who has been sued for monetary damages by the District in a high-profile shoreline access case solely because she “had the temerity to ask the CRMC [Coastal Resources Management Council] to designate a tract that is universally acknowledged as a roadway … as a public right-of-way” argues the ACLU.

In response to the suit against Contrata, ACLU of Rhode Island cooperating attorney Michael Rubin today filed a motion to dismiss her from the case, arguing that the District’s suit against her constitutes a classic SLAPP suit (Strategic Lawsuits Against Public Participation). SLAPP refers to lawsuits brought to chill people from exercising their freedom of speech on matters of public concern. The state’s anti-SLAPP statute establishes a process for defendants in such lawsuits to quickly move to have the suit dismissed if it is based on a good faith exercise of their right to free speech.

In December, the Fire District filed this suit in Rhode Island Superior Court against more than 20 defendants, including the Attorney General and the Town of Westerly, for seeking a determination from the Coastal Resources Management Council that a strip of land along the beach atWeekapaug is not purely private. Contrata, who moved to intervene in the proceedings before the CRMC, is the only private individual being sued.

Calling the Fire District’s actions “an attempt to use a part of the sovereign power of the State to sue a citizen for speech,” ACLU cooperating attorney Rubin argued in his brief that:

“The Complaint is rife with charges of ‘public pressure’ and ‘political’ behavior. Likewise, the Complaint refers to Town leaders acting ‘to appease their constituents.’ But perspective matters. That which one person perceives as public pressure another person might perceive as civic engagement. What one describes as political conduct another might describe as participation in civil society. What one sees as appeasement another will see as the proper workings of representative government.

“In short, whatever connotations and characterizations WFD might employ, the fact remains that WFD targets the act of petitioning the government to redress grievances. That, WFD - a municipal corporation - cannot Constitutionally do.”

This is the third time in recent months the ACLU has found itself challenging the Fire District’s activities. Last September, the ACLU successfully objected when it learned that people had to provide an email address or sign in via a Google or Facebook account to gain access to the District’s website. Then in December, the Affiliate blasted the District when it sent out threatening notices to individuals solely for making donations to help fund the litigation with the CRMC in this case. The Fire District’s letter warned the donors that they were “potential witness[es]” in the case and that they might be “called to testify, by subpoena or otherwise, in this matter at any time.” In an eerie forerunner to today’s action, the ACLU argued to Fire District officials at the time:

“It is hard to imagine a more quintessentially protected activity—protected as freedom of speech (expressing support for a position on a matter of public concern), freedom of association (joining with other like-minded individuals to advocate for a cause), and freedom to petition the government (support for a position pending before a government agency) - than the core action of donating in response to a request for support to advance one side of an ongoing public government proceeding.”

The motion filed today asks the court to dismiss the case against Contrata and to award her attorney’s fees under the SLAPP suit statute.

“Becoming involved in re-opening the Spring Avenue right-of-way to the public is the first time I have been involved in public discourse in a meaningful way,” said Contratta. “I just love the beach; this is why I live in Westerly. I naturally volunteered to bring the matter to the full attention of the CRMC. Things took a turn for the worse when my public engagement became the object of the Weekapaug Fire District lawsuit. I am humbled by, and grateful to, the many people who have helped with their expertise and provided emotional support during this ordeal.”

“This lawsuit is an attempt by a local government - the Weekapaug Fire District - to seek an award of money against an individual middle-class Rhode Islander - Caroline Contrata,” said ACLU cooperating attorney Rubin. “The District is suing her for her stance in a dispute over whether a local road is public. The District is a municipality with the power to tax. Thankfully, Caroline Contrata has the ACLU to help fight back.”

A copy of the ACLU memo to dismiss and the Fire District’s suit against Contrata can be found here.