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House passes bill to curb strategic lawsuits against public participation (SLAPP)
Summary
House Bill 112, intended to dismiss meritless lawsuits that aim to chill public participation and to allow expedited dismissals and damages, passed the House 55–11 and will be referred to the Senate.
The Utah House adopted House Bill 112 on Feb. 15, 2001, a measure aimed at discouraging so-called SLAPP (strategic lawsuit against public participation) suits that sponsors said are used to intimidate citizens who participate in public processes. Representative Lockhart explained the bill’s definitions, procedures for staying discovery, and a fast-track appeal mechanism; the measure includes a process for fee shifting and sanctions when suits are pursued without substantial basis.
Why it matters: Supporters argued SLAPP suits chill free speech and public involvement in local government; proponents said the bill protects individuals and community groups who speak on issues of public interest. Opponents questioned specific language about governmental intervention and the limits of public attorneys' roles in private litigation.
Key floor points: Sponsor said the bill allows a moving party who believes they have been ‘slapped’ to file a showing and ask for a judgment; it also permits stays of discovery and interlocutory appeals. Representative Curtis raised a concern that the language allowing government bodies to ‘‘defend or support the moving party’’ could be read as allowing taxpayer-funded attorneys to represent private parties, and the sponsor clarified the intent was limited to providing testimony or context in court.
Outcome: The House passed HB 112 by a vote of 55 yes and 11 no and referred it to the Senate.
