Opinion: California turned a constitutional shield into a government sword
California citizens who sue the government for violating their rights had better watch out: under a bizarre state law called “Anti-SLAPP,” they risk being sued by the government for doing so, on the theory that they’re violating the government’s own constitutional rights.
At least, that’s the argument lawyers for the city of Rancho Mirage are making in an ongoing lawsuit in which property owners challenged the constitutionality of an ordinance barring them from renting out their houses. Viewing that ordinance as a violation of their constitutional right to private property, they filed a lawsuit—only to have the city respond by filing an “Anti-SLAPP” motion against them. The city argues that their true motive in the case was to censor the government’s free speech.
Many states have such laws. Where the Golden State is unique is that its courts have ruled that the government itself has free speech rights protected by the “Anti-SLAPP” law. That means cities can sue their own citizens for “intimidating” the government whenever they have the temerity to sue over actions they think are illegal.
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