By Maria Hickey, KWMU
St. Louis, MO. – The Missouri Court of Appeals Eastern District has ordered a lower court to dismiss a suit brought by Fred Weber, Incorporated against a St. Louis County man.
The company, involved in waste hauling, sued Tom Diehl for $5 million more than a year ago accusing the Oakville resident of defamation for circulating flyers calling the company trash terrorists. Fred Weber was in the midst of asking the county for a permit to locate trash transfer stations in the area.
Diehl's attorney Philip Prewitt calls the court's 3-0 decision a "slam dunk."
"The courts have said Tom Diehl was involved in the political process and he has the right to stand up and participate without fearing litigation," Prewitt said.
Denise Lieberman, with the American Civil Liberties Union of Eastern Missouri, says the suit reached beyond the defendant.
"The harm was also the effect that that suit had on the rest of the citizens in the community who were very likely chilled from speaking out themselves for fear of being sued as well," Lieberman said.
The suit has been held up by many as an example of a SLAPP suit, or a Strategic Lawsuit Against Public Participation. The ACLU filed a friend of the court brief in the suit and also participated in oral arguments before the appeals court.
Fred Weber could appeal to a higher court. The company had no comment Tuesday.