Letter: Little Compton council ‘punted’ on SLAPP suit, but could still respond

Posted 11/21/17

To the editor:

As Thanksgiving approaches and we pause to gather with family and friends, we thought you might like a quick update on Carolyn’s Sakonnet Vineyards’ developments.

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Letter: Little Compton council ‘punted’ on SLAPP suit, but could still respond

Posted

To the editor:

As Thanksgiving approaches and we pause to gather with family and friends, we thought you might like a quick update on Carolyn’s Sakonnet Vineyards’ developments.

Last Thursday evening (11/16), the Town Council’s agenda included the Little Compton Legal Fund’s (LCLF) request that the Town Council act in the capacity of an “Intervenor” in a lawsuit brought by Carolyn’s Sakonnet Vineyards against their vineyard neighbors.

Specifically, LCLF’s request asked the council to provide the Superior Court with a written statement of support for the vineyard neighbors’ constitutional right to petition their government and to speak freely on matters of public concern.

At the outset of the meeting, Council President Mushen reported that Town Solicitor Humphrey was not available due to a medical procedure. Mr. Mushen did not announce the date of Mr. Humphrey’s return.

During the course of the council meeting, Chris Burns was permitted to speak on behalf of LCLF’s “Intervenor” request. Following his remarks, the council voted 5-0 on a motion to direct LCLF’s request to Solicitor Humphrey for his advice and counsel prior to the council’s consideration at a subsequent meeting.

Coincidently, the next Town Council meeting is not scheduled until December 7, three days after the Motion for Summary Judgment on the vineyards’ lawsuit is scheduled to be heard in Superior Court.

It would appear that the Town Council has successfully avoided responding to LCLF’s request. The council’s action represents a missed opportunity for our elected officials to take a leadership stand by stepping forward to defend the fundamental, constitutional and statutory rights of the citizens they represent.

We urge citizens to join us in writing to the Town Council (c/o Carol Wordell, Town Clerk, cwordell@tlcri.com) to encourage our councilors to obtain input from Mr. Humphrey as soon as possible and to reconsider their decision to put off, until a subsequent council meeting, their consideration of LCLF’s petition for the council to serve in the capacity of an “Intervenor” in the vineyard neighbors’ Anti-SLAPP Motion hearing.

Regardless of the Town Council punting LCLF’s request to their solicitor and the council’s possible reconsideration of that decision, the motion hearing on the vineyards’ lawsuit is entered on the Superior Court calendar for December 4. The Town Council’s participation as an “Intervenor” in the hearing would strengthen what is already a clear and compelling defense by the vineyard neighbors based on the protections afforded them by the Rhode Island Anti-SLAPP Law.

In the event Judge Van Couyghen does not make a final ruling at the hearing on December 4, the Town Council may be presented with a second chance at the opportunity to defend citizens’ rights. If the judge learns that the Town Council is supporting the vineyard neighbors’ Anti-SLAPP Motion while he’s mulling a decision or while he allows limited discovery to proceed, such knowledge will likely be considered as positive and affirming.

We will continue to keep Sakonnet Times readers posted as events unfold.

At this time of Thanksgiving, we include the Little Compton Legal Fund supporters in our circle of gratitude. We give thanks for their standing with us to protect Little Compton residential neighborhoods from commercial exploitation and to preserve our town’s agricultural heritage and rural character for the benefit of all residents and, more importantly, for the generations to come.

Carl Acebes, Chris Burns, Brett Haire, Mike Hudner, Dick Rudick

Little Compton

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