Sharon Ambrose
Councilmember Sharon Ambrose introduced the following bill, which was
referred to the Committee on
To provide immunity from lawsuits for actions in the exercise of
person’s right of free speech.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
be cited as the "Community Participation Protection Act of 2001
".
Sec. 2. Immunity from exercise of right of petition of free speech
(a) A person shall be immune from any cause of action arising from any
act in good faith of that person in furtherance of the person’s right of
petition or free speech under the United States Constitution in connection
with a public issue.
(b) If a motion to dismiss the complaint is filed within 60 days of the
service of the complaint or, in the court’s discretion, at any later time,
all discovery proceedings in the action may be stayed. The stay of
discovery shall remain in effect until notice of entry of the order ruling
on the motion.
(c) If a defendant prevails on a motion to dismiss the complaint or
otherwise successfully asserts the defense provided under subsection (a)
of this section, the defendant shall recover his or her attorney’s fees
and costs. If the court finds that a motion to dismiss or a defense under
subsection (a) of this section is frivolous or is solely intended to cause
unnecessary delay, the court shall award costs and reasonable attorney’s
fees to a prevailing plaintiff.
(d) For the purposes of this section, an act in furtherance of a
person’ s right of petition or free speech under the United States
Constitution in connection with a public issue shall include:
(1) A written or oral statement or writing made before a legislative,
executive, or judicial proceeding, or any other official proceeding
authorized by law;(2) A written or oral statement made in connection with an issue under
consideration or review by a legislative, executive, or judicial body,
or any other official proceeding authorized by law;(3) A written or oral statement made in a place open to the public or
a public forum in connection with a public issue; or(4) Any other conduct in furtherance of the exercise of the
constitutional right of petition or the constitutional right of free
speech in connection with a public issue.
(e) The immunity conferred by subsection (a) of this section shall not
attach if the person communicates information which he or she:
(1) Knew to be false;
(2) Communicates in reckless disregard of its falsity; or
(3) If such information pertains to a person or entity other than a
public figure, negligently failed to ascertain its falsity.
Sec. 3. Fiscal Impact Statement
The Council adopts the fiscal impact statement in the committee report
as the fiscal impact statement required by section 603(c)(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 ( 87 Stat.;
DC Official Code §206.02).
Sec. 4. Effective Date
This act shall take effect following approval by the Mayor (or in the
event of veto by the Mayor, action by the Council to override the veto), a
30-day period of Congressional review as provided in section 602(c)(1) of
the District of Columbia Home Rule Act, approved December 24, 1973 (87
Stat. 813; DC Official Code §206.02), and publication in the District of
Columbia Register.