Judge
grants DHS anti-SLAPP
9/2/2007 - The Coachella Valley Mosquito and Vector Control District's lawsuit against the city of Desert Hot Springs was an improper attempt to silence the city, a Riverside County judge ruled in dismissing the lawsuit Friday.
"The city's choice of its representative on the district's board is central to the city's exercise of its right to free speech," Judge James Cox stated in his ruling.
Cox granted the city's anti-SLAPP - or Strategic Lawsuits Against Public Participation - motion, dismissing the vector control district's suit and ordering the taxpayer-funded agency to pay the city's attorney fees.
The district's board of trustees is comprised of appointed representatives from each of the nine valley cities and two appointments by county Supervisor Roy Wilson to represent unincorporated areas.
The district board sued Desert Hot Springs in June over the City Council's appointment of Karl Baker Jr. as the city's district trustee.
District officials claim Baker sexually harassed an employee during an earlier stint on the board in 2002 and, since his return in 2006, has been abusive and threatening to district employees and fellow trustees.
The district's suit asked the court to rule the city financially responsible for any investigative costs and liability arising out of Baker's actions.
"The district's claim that this action is about expenses is belied by the fact that the district made no attempt to recoup those expenses, many of which were incurred in 2002, until after Baker was reappointed," Cox stated in his ruling.
Baker has denied the claims, and said the district's litigation was motivated by his outspoken questioning of management and financial practices.
"I'm ecstatic; I'm vindicated," Baker said in reaction to the judge's ruling Friday.
City attorney Ruben Duran said the attorney fees for which the district will have to reimburse the city "will be in five figures."
"I'm extremely pleased, and I think the City Council will be," Duran said. "The judge essentially vindicated their right to select their own representative for outside boards.
"He essentially took what was in the papers and said, 'City, you're right. There's no proper purpose for this lawsuit; it's essentially to silence the city of Desert Hot Springs.'"
Vector control district counsel Lisa Copeland said she thought "the judge made an error in law."
"The court found that the (city's) act in furtherance of free speech was its appointment of Baker. And our position is that's not what we are complaining about," she said.
"Baker's misconduct gives rise to the liability we're facing." Copeland said the district's board will likely discuss whether it wishes to appeal the judge's ruling in a closed session at its next board meeting Sept. 11.
The judge's ruling should send fellow trustees a "real wake-up call," Baker said.
"I believe the message they need to get is just because somebody disagrees with them, they can't stifle their opinion," he said.
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