06/08/2018

Ohio Citizen Participation Act makes reappearance in Senate

By Olivia Wile, ONMA intern

More than eight months since its initial appearance in front of the Senate, the much-anticipated second hearing for the Ohio Citizen Participation Act was held Wednesday in the Ohio Senate. Passage of the bill is one of the ONMA’s ongoing legislative priorities.

As time is running out in the year, the pressure is greater than ever to get Senate Bill 206 passed. If the bill, along with hundreds of others, does not get passed by Dec. 31, it will die unless resurrected in 2019. Supporters say the bill would give Ohio the country’s best “anti-SLAPP” law: one that would expedite court processes while also protecting First Amendment rights, even in the digital realm.

ONMA Executive Director Dennis Hetzel testified about the importance of making this bill a law.

“These are constitutionally protected rights,” said Hetzel in an interview. “We’re spending a lot of time in this country talking about Second Amendment rights and how those need to be protected, and I think we need to pay the same attention to protecting First Amendment rights.”

Twenty-eight other states around the country, including Texas and California, have already established similar laws.

Following Hetzel was Bridget Mahoney, chair-elect of the Ohio Domestic Violence Network. During her testimony, Mahoney, a victim of domestic violence, explained how her life took another turn for worse when her ex-husband filed a strategic lawsuit against public participation, or SLAPP-suit.

“Because Ohio does not have an anti-SLAPP law, I was forced to endure nearly two years of painful proceedings, an agonizing discovery process and torturous depositions,” stated Mahoney in front of the Senate. “After spending over $100,000 in legal fees, I ran out of money defending the meritless lawsuit, so on the day of the trial, I had to regrettably bargain away some of my freedom of speech.”

Joining Mahoney in testifying was Gary Daniels, chief Lobbyist at the ACLU of Ohio, as well as attorneys Jeff Nye and John Greiner. Proponent testimony was provided by representatives from the Ohio Alliance to End Sexual Violence and Yelp.

Though unsure of the legislature’s agenda, Hetzel feels that progress was made after the bill’s second hearing.

“I was very pleased by the how the hearing went and the interest that the committee had, especially Sen. Huffman, the bill sponsor, and Sen. Coley, the committee chair,” said Hetzel. “The problem is that the legislature has so much to do and so little time to do it.”

The impetus for ONMA’s support was a high-profile libel action against the Chagrin Falls newspaper for its coverage of a protest against Murray Energy Co. The newspaper eventually won the case, but only after the newspaper, citizens who also were sued and insurance companies spent thousands of dollars as Murray continued to appeal. An Ohio appellate court issued an opinion with the unusual comment that the case illustrated why Ohio needed an anti-SLAPP law.

• Additional reading: 'Bigfoot on the Strip' lawsuit illustrates need for anti-SLAPP laws