Legal Counsel for the Adi Development Group served a Notice of Libel on Pepper Parr and the Burlington Gazette demanding the following apology.
Pepper Parr and the Burlington Gazette regret having published statements imputing dishonest and unethical conduct to the Adi Development Group.
We admit there was no foundation in fact for these statements which we published without first attempting to verify their accuracy with Adi development Group.
We retract these statements unequivocally and we apologize to Adi development Group, its owners and its employees for having published these statements and for any unwarranted damage we may have caused to their reputations
.
I agree that this sure looks like, sounds like, and walks like SLAPP.
And I also agree that the grounds for libel are not spelled out, with evidence, so we are left in the dark on that part of Ray’s comment.
I recall a story in the Gazette on the topic of ADI selling what are options on their proposed building. I don’t recall what was said that was libelous, and could led to damages.
I know Pepper, and he must have had some basis for his story, however, fighting a libel suit, even if groundless, costs a lot of money and is needed to mount a defense. Thus the basis for passing antiSLAPP legislation.
The take home here is to carefully read libel law, and know what you can or cannot say about others or the behaviour of business.
It is also necessary to have any witnesses visible and on the record, to support with testimony, the actions or behaviours in your opinions or accusations.
If you attribute something like a wrongdoing to a third party statement, then they better be publically identified, or you are dead in the water, an easy target. This is essential – have your evidence and testimony in hand.
If you don’t like what is being done it is not necessary to be libelous I wouldn’t think.
I don’t like what ADI is doing, but apparently they can do it legally.
That’s tough to take, but we can make sure we keep on top of the city and Council to make sure they persist in fighting for the OP and what the staff refusal recommendation stated.
However, the closing down of the Gazette ensures for now that we won’t have Pepper’s eagle eye watching and telling us what he sees.
I don’t want to see it go down, but what can be done? How can we fill some of the gap?
There are a number of changes that have, and will, take place in Burlington because of Corporate bullying. The closing of the Gazette may just be the first.
Some citizens of Burlington and North Burlington have remained silent because of these tactics.
Some citizens fought for, and were successful, to get Anti SLAPP legislation in place. This will help in future cases but does not go far enough to bring enough good people “out of the woodwork”.
Too bad it takes drastic action for other citizen’s to become involved. You are welcome, but for some it is just too little too late.
Looks like Burlington is just following the Golden Rule “He who has the gold makes the rules”. Not my idea of a Democracy, but that’s the way it is.
Good luck!
This sure looks like a SLAPP given that none of the relevant detail underlying the notice is present. Why haven’t the Adi lawyers identified which statements they are talking about? Do we know that these statements originated with the Gazette or its publisher – or did they come from someone else, in which case why are they not also identified in the legal notice? In what way has there been damage? If the Gazette is shut down as a result of this legal action, would it not have had the same effect as a SLAPP?
The Burlington Gazette has been a refreshing voice in the community. It would be ashame to see it go down. What do others in the community think?