Judge dismisses defamation suit against Adirondack Explorer, Adirondack Wild
Tupper Lake, NY – A ruling from Supreme Court in Franklin County on Aug. 23 has upheld State laws discouraging strategic lawsuits against public participation (known as SLAPP suits) by dismissing a lawsuit from a private commercial developer against Adirondack Wild: Friends of the Forest Preserve, a nonprofit advocate, and the nonprofit Adirondack Explorer magazine.
Earlier this year, the private developer, USL Marina based in Saranac Lake, sued Adirondack Wild and Adirondack Explorer for a paid advertisement published in the Explorer commenting about an application to greatly expand a commercial marina on a small Adirondack pond. The lawsuit claimed Adirondack Wild’s commentary was false and defamatory, and sought damages from the defendants of $1 million. The marina’s application was under review by the NYS Adirondack Park Agency (APA) and NYS Department of Environmental Conservation (DEC).
The purpose of Adirondack Wild’s paid advertisement was to raise questions and awareness about the proposed large expansion of the marina and its actual and potential impacts on the aquatic environment. The advertisement encouraged public comments to the State agencies which were reviewing the application.
The marina developers claimed that the advertisement was false. Instead, Supreme Court found that “there is ample foundation upon which Adirondack Wild can reasonably claim that its statements were based either in truth or an expression of opinion.”
Further, the Court ruled that the marina developer’s lawsuit was actually intended to prevent or hinder “a communication in a public forum in connection with an issue of public interest – lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest,” meaning the developer’s applications to the APA and DEC.
Adirondack Wild was represented before Supreme Court by Whiteman Osterman & Hanna, LLP and by the Pace Environmental Litigation Clinic. Adirondack Wild thanks its legal team for their combined efforts, leading to a strong Court affirmation of the public’s right to comment on, and take issue with projects of public concern.
“We are relieved that NYS Supreme Court in Franklin County dismissed a lawsuit intended to silence our commentary about a large private development in the Adirondack Park under review by public agencies,” said Adirondack Wild’s managing partner David Gibson. “This decision provides encouragement to citizens and nonprofit advocates across the State that they can continue to rely upon anti-SLAPP laws carefully designed to protect their free speech about matters of public interest.”
Adirondack Wild: Friends of the Forest Preserve is a not for profit, membership organization devoted to the protection and stewardship of wilderness and other wild lands through advocacy and education. The organization protects wild lands from threats, holds officials accountable, and proposes policy reforms. For more information, please visit: adirondackwild.org.
Photo at top: The marina site on Fish Creek Ponds photographed June 7, 2022. Photo by Zachary Matson.