SLAPP?

Bill Peduto claims that the lawsuit Lamar Advertising filed against him and his fellow Councilmen Shields, Burgess, Kraus, and Dowd was a SLAPP. He seems to suggest the city law department opinion about their legal expenses has the sting of a SLAPP, too.

What's a SLAPP?

I didn't recall the term, but apparently SLAPPs have a long and contentious history.

SLAPP stands for "Strategic lawsuit against public participation".


Wikipedia defines it as:

"a form of litigation frequently filed by organizations or individuals to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition."

California passed a law to protect against SLAPPs. So have more than two dozen other states. That includes Pennsylvania, though our state's has been described as a "significantly weakened version passed into law in 2000." It was designed to deal only with environmental law cases, and reportedly was passed "after a coal baron sued an elderly constituent for filing a complaint with the state’s Department of Environmental Protection when her home suffered acid mine-water damage."

That's from this article in Philly area newspaper that quotes a critic complaining that a court ruling created "an unduly narrow interpretation that destroys any value or purpose of the statute."

It seems that SLAPPs are an international phenomenon. Here' s a YouTube video report by CUTV. Concordia University Television is Canada's oldest student-run television station. I'm linking to it here for some interesting background. As they say on the DVD extras, this is for entertainment purposes only, and does not necessarily reflect the views, etc.




Here are some PG articles in which the term "SLAPP" appears.

Developers sue Franklin Park, residents for losses
Suit cites neighbors' 'frivolous objections' to townhouse plan


The dash to SLAPP is chilling


Judge drops neighbors from townhouse lawsuit

Meanwhile, I ran into Lamar Advertising's attorney Sam Kamin as I was leaving the City County Building after Tuesday's council meeting. He told me he had just finished dictating the court filing to withdraw Lamar's lawsuit against the city council members, as agreed to in the arrangement signed before the zoning board.

A check of the county court's website shows that the lawsuit has now been "Discontinued without Prejudice".

What the significance there is (if any) of the lawsuit being discontinued "without prejudice" in this case, I do not know.

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Ravenstahl, DeSantis, & Peduto: Notes & Quotes

Appearing here in three parts:
notes and quotes from day-after-the-election interviews.

["Wake Up Cat: The Morning After Election Night" can be found here.]

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Part 3: Peduto

Councilman Bill Peduto:

Do Tuesday's results make it worth it for anyone to get into the 2009 Mayor's race?

• "I think--definitely, in the sense that you couldn't the numbers that DeSantis got, plus the other candidates, without over one-third of the democrats voting for these other candidates. Certainly the numbers are at an historic high for a republican and a historic low for a mayor, a democratic mayor."

• "I have to work with the administration to push an agenda next year on reform. I think that Luke has the opportunity to join me, and to be a partner with me in that. By doing the right thing, I think he's also doing the politically correct thing, because he's taking away issues which could be critical differences."

On cooperation and competition:

• "I have a very advantageous position. I can push an agenda that I think that this city needs. And the mayor is in a position where he--both politically and policy-wise--should be supporting it. So, I think that's going to be the interesting thing to watch in the next year."

• "And I'll tell you this, too. If I do decide to run, I'm going to run without a net. I'm going to give up my council seat and I'll run for mayor and put everything I have into it. And if I lose, I'll be out of politics. But if I choose not to run for mayor, I will run one more time for city council."

When will he have to decide?

• "After the presidential race is over. That said, conversations are always continuing. So, in many ways the race for 2009 has already begun. But in putting together the actual campaign and the structure itself--in 2008."

• "This past year... I had to withdraw when over 4 out of 5 people in the city of Pittsburgh said Luke was the better choice. Those numbers have dropped significantly. What was 4 out of 5 is now less than 2 out of 3. Where's it going to be a year from now? That's what I'll gauge it upon."

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End of Story?

Peduto Breaks News

Who would have thought it? Controversy over Mayor Luke Ravenstahl's midnight private jet trip was the knockout punch to take Councilman Bill Peduto out of the Democratic party primary.

The councilman insists the big story of the previous 24-hour news cycle is part of what convinced him that if he stayed in the primary campaign, the race could have taken on a divisive focus on controversies instead of on the issues. He says that's why he chose to get out instead.

At the same time, Peduto acknowledges that he's not disbanding his entire campaign team and that he'll continue to accept contributions. By choosing not to be a candidate in the primary, he preserves his right to run as an independent in the fall.

There's one precedent for a Pittsburgh mayoral candidate running sucessfully as an independent against the endorsed Democratic candidate: Dick Caliguiri. But there's also an important difference; Caliguiri, like Ravenstahl, had the advantage of being an incumbent. Caliguiri ascended from council president to become mayor when Pete Flaherty joined the Carter Administration. In his fall race, the power of incumbency likely gave him more clout than his ad-hoc " Pittsburghers for Caliguiri" party.

(Am I dating myself here? I was just getting started in radio news back then. I remember the endorsed mayoral candidate, Tom Foerster, giving a gracious concession speech the night he lost to Caliguiri... as his campaign manager, Dr. Cyril Wecht fumed: "other people may forget what Dick Caliguiri did here; I will not forget.)

There's already a debate under way in the blogosphere over whether withdrawing from the primary race now preserves Peduto's right to run in the fall. His answers to my questions during his news conference suggest that he believes it does give him that option.

Even if Peduto should opt not to run in November, getting out now may benefit him later. Any campaign funds raised this year and not spent would provide him a financial base to become the leading challenger in 2009.

One more thought: Bill Peduto was a staffer to former Councilman Dan Cohen, who was once regarded as a potential rising star. Cohen bucked the party and mounted a challenge to incumbent Congressman Bill Coyne which included some sharply negative direct-mail campaigning. Cohen lost, and his luster may have been tarnished by the reaction to that negative campaign. He is now in private law practice. Perhaps Councilman Peduto is taking insight from the experience of his mentor.

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Face Off: Peduto & Ravenstahl on the Pens

Reporter Q&A
on the arena talks impasse

I’m posting this as a long-form Question & Answer feature; my Channel 4 Action News report is based on this material. Some questions were off-mike, and are approximated here. The answers are direct quotes. Click the highlighted "Read More" immediately below.


Q&A with Councilman Bill Peduto

Q: Who's at fault in the latest developments?

"Well, obviously, the fault goes to the mayor. You know, when Tom Murphy negotiated the deal for the Pirates, when he negotiated the deal for the Steelers, when he built the convention center, he didn't go to Governor Ridge and ask Governor Ridge to take on the responsibility. when Rendell ran Philadelphia and built the stadium for the Flyers, he didn't go to Governor Ridge. The responsibility is with the mayor. In any american city with any sports franchise, the mayor takes on that responsibility. What we're seeing now is the lack of experience in the inability to get this deal done."

Q: Under their plan, the state and slots revenue would be the source of the funding. given that, wouldn't it be appropriate for the governor to take the lead?

" Still under Philadelphia, there was state money that was being used to build the Spectrum. And Heinz Field, and with PNC Park, there was state money to build those; or the convention center, obviously, a lot of state money. No. Leadership requires that a mayor be strong and be able to get a deal done. "

Q: So, what specifically and personally are you saying that Luke Ravenstahl should be doing that he's not doing now?

" Well, there's of couple things. First and foremost, he needs to sit down with the Penguins, sit down down with Mario and get this deal done. No more negotiating with three different parties--just get the deal done. Secondly, what lost the trust with the trust with the Penguins to begin with is when left the agreement with Isle of Capri to support Plan B, and somehow that trust has to be rebuilt."

" I'm willing to offer to mediate in order to get this done for the City of Pittsburgh. But I don't think the mayor will take me up on the offer because of politics, and that's unfortunate. The team trusts me, and knows that I will negotiate in good faith with them. And I know that we can get a deal done that will be better than Kansas City."

Q: Do see any fault at all with the Penguins here? Are the Penguins playing with these public officials to try to get more taxpayer money?

" You get to the point of an impasse, there's no more playing or negotiating that's going on. You're basically saying you're at the point where you cannot talk any further. The Penguins have nothing more to gain. They're adding more into it. And the concern of "well, just let them go' is a major concern, and we shouldn't really be looking at it in that way. If the Penguins leave, there is no new arena. There is no major tenant to be contributing. And we're going to set with an empty arena in the Hill District that is not going to spur any new development. "

Q: And you individually fault Mayor Ravenstahl for a personal lack of leadership?

" No, I think that what you're seeing now is what happens when you don't have somebody who has experience. This should have been led by the mayor from the beginning. This should have been continued by the mayor in order to get the job done. But the mayor was not prepared because he hasn't had the experience to do it in the past."

Q: Have you reached out to the Penguins yourself?

" Yes, and I've reached out again yesterday to their former lobbyist. The Penguins have had no communication with elected officials, other than the mayor, the county executive and the governor since the beginning of the year. And again, I reached out, and I'll reach out again today directly to help to mediate this."


Q&A with Mayor Luke Ravenstahl

Q: Your response?

" We are continuing to negotiate, myself, the county executive, and the governor. And we're going to continue to work with the Penguins., and I will be very active in those talks, as I have been from the beginning. And I believe a cooperative spirit is one that we need-- a cooperative spirit to sit down and have those discussions. And I'll continue to do that, and continue to lend myself to those discussions as I have over the last two months. "

Q: Are you talking directly to the Penguins, as Mr. Peduto says you should be-- that the failure of you to do that is what's putting this franchise at risk?

" I can tell you that I've had numerous discussions and will continue to do so. I'm not real sure what my opponent is referring to, but I've been very proactive in these discussions. In fact, took a trip to New York, earlier in January to have discussions. So I'm not real sure what he is referring to, but we've been very proactive and I've been involved in all the discussions and will continue to do so."

" This is a partnership. I do not agree with the notion that this is an issue that the mayor singlehandedly address. This is an issue that myself, the county executive, and the governor have to work together to achieve. And to suggest otherwise, I don't think is appropriate. And so I'll continue to work with those two to reach out to the Penguins, and ultimately reach a deal."

" Because no one of us--myself, the county executive, nor the governor--can do this alone."

Q: What he's saying is, why haven't you talked directly to Burkle, why haven't you talked directly to Mario Lemeiux?

" Well, I can tell you that I have."

Q: What is the difference betwween now and the negotations that led to Heinz Field and PNC Park, that make it appropriate for the governor to be the lead party here, as opposed to the mayor?

" I will tell you, and I think the governor has made this well known, that he has, since the original Plan B, added incentive, and that incentive has come from the state level. And so, without the governor at the table, there's absolutely no way that we could even be in the discussions to keep the Penguins here. So, the governor is the person that has provided the additional incentive to keep team here. And therefore, he is the leader in these negotiations, because it is state taxpayer dollars that are being offered. and so the governor has to be at the table, and the governor is the one ultimately that has to participate in these negotiationsand --ideally with myself and the county executive, through the SEA-- conclude this deal. So, to suggest that there would be one person that could do it without the other two, I just think is inappropriate, and really not applicable at this time."

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Update On The Mayor's Race Debates

"Commitment 2007"

The Peduto campaign e-mailed a news release on Tuesday noting that
--a week after his initial challenge-- no televised debates have yet been scheduled in the race for mayor. The campaign also released the text of a letter from Councilman Peduto to Mayor Ravenstahl, dated Monday, February 26. In the letter, Peduto invites Ravenstahl to a debate at Sunday's City Democratic Committee meeting, prior to the endorsement vote.

Background

My report on Channel 4 Action News at Six, on February 19th, 2007:

"Mayor Luke Ravenstahl often invokes the name and memory of the late Bob O'Connor."

"But tonight, it's Councilman Bill Peduto who's doing it."

"He wants to have mayoral debates on TV––and plenty of them. Peduto say's it's what Bob O'Connor would do. In fact, looking back to 2005, he says it's what Bob O'Connor did do, as you see in this file video of a debate here in the WTAE studios during the last campaign. With 84 days left before the spring primary, Mayor Ravenstahl's fellow democrat wants eight on-air face offs on the issues."

"Councilman Bill Peduto told me 'Bob and I understood the importance of getting the message out to the people and doing it, not through sound bites, but through standing and debating the issues. And I'm hoping that Luke will join me in having a series of eight televised debates, just like Bob O'Connor and I did.'"

"Mayor Luke Ravenstahl responded, saying 'my initial reaction is, I'd be happy to participate in all the network debates, and be happy to do that. The difference, I would argue now, between myself and that year, is: I'm the mayor now. We have a lot of responsibilities on a day-to-day basis to run the city. But I would be happy to make myself available.'"


"Channel 4 Action News took Peduto up on his call. We've issued offers to both candidates to debate on WTAE-TV. So far, we've heard back from Peduto, who has formally accepted. We're awaiting a formal answer back from the Ravenstahl campaign. Informally, the mayor expressed to me his interest in debating here on WTAE."

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The Race For Mayor Warms Up Online

An e-mail news release arrived at 7:14 this morning announcing “Peduto Launches Interactive Cyber Campaign”.

This new Peduto site has links to MySpace and Facebook incarnations, and offers a blog and YouTube videos. It will be interesting to see how quickly the Ravenstahl site responds with new content.

Both Mayor Luke Ravenstahl and Councilman Bill Peduto have had what I’d describe as placeholder websites for some time.

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The Motznik Mash-Up: Ravenstahl & Peduto

Peduto Denies Motznik Claim, Ravenstahl Responds To Both Councilmen

I’m trying something different for my latest podcast.

Councilman Jim Motznik says he has decided to go along with the Mayor’s request and stop blogging. Despite the brief life of the ‘Motznik Speaks Out’ blog, he’s generated the first opportunity to podcast a point/counterpoint of the competing mayoral candidates. You can click on the icon below to go to my podcast page for the Luke Ravenstahl/Bill Peduto five-minute audio mash-up.





They’re presented in chronological order. First, Peduto responds to Motznik, then Ravenstahl comments on Motznik and responds to Peduto.

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‘On The Grand Jury Beat’ & Other Reporter Notes

Okay, it doesn’t look like this––

but it felt like it at the time.

(Grand Jury investigations are protracted, complex, and difficult for everyone involved. By their nature, they are secret. Nonetheless, news organizations are obliged to cover them when their focus may involve some aspect of government. This post intends no disrespect for those who face dealing with this legal process. If anything, it's intended as a self-deprecating look at what's sometimes involved for reporters in covering it.)

I spent much of my day on Tuesday patrolling the halls of federal court, covering Sheriff Deputy Gim Yee's appearance before the grand jury. This sort of thing is always an odd and interesting experience. Reporters from most news organizations in town sit or stand outside the room where subpoenaed witnesses are to appear. We alternate between cell phone conversations––whispered out of earshot––and the small talk you'd hear in any workplace. When the door opens, you never know who will exit. Once it was an FBI agent, whom I greeted with "just like old times"––a reference to media stakeouts during the Wecht and Sheriff's office investigations.

When Deputy Sheriff Yee and his attorney Mark Lancaster suddenly appeared in the hallway, they briskly walked through the middle of the media camp-out. Reporters scrambled: simultaneously calling out questions to the men, phoning to alert the photographers who must wait in the breezy cold out on Grant Street, and calculating which of several routes the pair might take to exit the building.

Yee and Lancaster power-walked toward the far end of the long hallway, suggesting they were heading for the elevators which would deposit them a block down the street from the photographers.

Then at the elevator bank, they made a sharp turn to the left and through the doors of a stairwell. At least one reporter still took an elevator, hoping to get ahead of them and warn the photographers. The rest of us quickly followed down the steps. Would they walk down seven floors? It was looking like it. I called after them as we followed, "Would you gentlemen be willing to stop and talk with us, once we're outside?" Lancaster answered "no". "Would you recommend stair-walking as part of a cardiovascular fitness program?" A chuckle came from Lancaster, but no firm endorsement.

When we reached the second floor, they left the stairwell and appeared to be heading for the U.S. Marshall's office. On this floor, they reversed field, heading down this second long hallway in a direction completely opposite their path on the seventh floor. They would exit where the photographers were waiting, after all.

Or not. In the end, the attorney and the witness left federal court via a loading dock at the rear of the building. When reporters and photographers converged on them, it was at the corner of 7th and Grant, as they prepared to cross the intersection. That's where the on-camera exchange of questions and "no comment" you saw on the news took place.











Some random notes:

•Mackenzie Carpenter of the Post-Gazette has a story that sets the scene for monitoring local campaign web sites. LukeForMayor.com still appears to be a placeholder for things to come; its only link is a form for contacting the campaign. A check of BillPeduto.com this morning shows it has no links at all yet.

•Readers are still posting comments about the recent intersection of local blogging and mainstream media coverage of the Ravenstahl incident. You can click here to read the latest, including my response to some anonymous posters.

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