Its interesting that this woman is white
Its interesting that this woman is white
Last edited by Julia1020; 07-10-2013 at 09:27 AM.
This woman seems a little off kilter, but she also seems largely irrelevant to the future of this project, not unlike many other NIMBYs around the city. This kind of behavior by OCF just galvanizes opposition against him and turns more people from ambivalence to opposition.
The best defense from a defamation suit is the truth. I got into a nasty bout of SLAPP with a developer who wants to open a nightclub who also happens to have had a bit of a criminal justice problem; he thought because he got his charge dismissed on a technicality that I was out of line for stating he had a "criminal record", but criminal activity described by the the petitioner went to the NJ Supreme Court.
I'm going off of the letter Ori's lawyer writes citing the misleading statements Haley supposedly made. This letter will obviously be Exhibit A if Ori actually does sue Haley after today. Assuming she posted what she did, does it make it enough to make for a libel suit? In Pennsylvania, yes. A strong one for the plaintiff? Not certain about that.
Opinion is libelslander-proof, and it IS kind of important when you're going to accuse someone that the context be fairly obvious that what's coming out of your mouth and hands is opinion, parody or fiction and not factual. To say "SAY NO TO PROJECT Y! Developer X is a criminal and he molests children!!!" for example in an attempt to shock neighbors is plenty to expose you to a defamation claim if either claim is untrue. But to say "Hah it wouldn't surprise me in the slightest if I heard Developer X is a criminal and molests children"... well that's an opining musing.
There's defenses in these types of cases for sure; you want to make sure the plaintiff is seen as a public figure because it raises the standard for succeeding in a defamation case.
If you really DID error out, you have to retract when you get a C&D letter precursor to a defamation suit. But if the defamation clame is entirely baseless... as in it's containing clear threats to ruin you with no clear references to the actual words that were said that constitute libel or slander... you don't have just a defamation case you have a defamation case that is a SLAPP suit.
If I write a blog that is 100% opinion and parody and I get defamation threats, they are all SLAPP threats.
If I write a blog that mixes facts and editorialization and the FACTS that I post are flat out wrong and I refuse to correct them when they're patently obvious that they're wrong, *that* creates exposure to defamation claims. If the facts are correct but the objector is just purely unhappy I put it up and is pulling the legal trigger in hopes to silence me, that's SLAPP.
Last edited by ArcticSplash; 07-10-2013 at 10:23 AM.
I think if you pull the trigger in any defamation suit, if your goal is to silence opposition and not defend yourself from defamation, all you will do is trigger the Streisand Effect and get more eyeballs you didn't want locked in on the dispute. If you're serious about making sure that truthfulness prevails and economic damage isn't a result of the claims because a broad audience takes the claims as gospel, then that's what defamation torts are for.
The question that would have to be asked is: Do reasonable people believe what Haley says?
It didn't appear that the room believed Haley when she was quizzing Ori at the RCO meeting. The voting turned out in favor of Ori. (But SPHINC is now overriding the voting and saying they're withdrawing their support)
South Philadelphia Homes Inc., the area's registered community organization, sent the ZBA a letter of nonsupport for the project, according to Councilman Kenyatta Johnson's office.
Read more at Developer Ori Feibush sends warning letter to project's opponent
“Guys like you I would dispatch with my roofing axe.” -- BootsywannabeACretin
Ori, have you considered starring in a reality TV show?
Arctic covered it pretty well in his post above.
I don't think there's much basis for libel in her statements quoted in the C&D. Destroying the character of the community is an opinion. Creating parking congestion is not an unreasonable prediction, though it is a silly concern, and yes development begets increased property values which indirectly raises property taxes, but again, not a reason to oppose development.
The stuff about building his dream home and getting it for free are based in ignorance, and the rest of the statements about Ori's character are just opinions.
If it were me, I'd wave her away like a gnat and go about my business, unless she started launching some patently false allegations that can't be attributed simply to a poor understanding of development, variances, and tax assessments.
Trying to smack her down with legal threats is counterproductive from a PR perspective, especially when OCF has an online media presence with which to spread the truth.
She was in tears from a single letter? That alone says what kind of nutjob is up to no good here.