Van Liew v. Kurland

32 Mass. L. Rptr. 587
Massachusetts Superior Court·Decided March 30, 2015·No. No. MICV201400734·Published

Opinion

Pierce, Laurence D., J.

The matter is before the court on the special motion to dismiss, filed pursuant to G.L.c. 231, §59H, the “anti-SLAPP” statute,1 by defendants Jon Kurland and Patricia Dzuris (respectively, “Kurland” and “Dzuris”). For the reasons discussed below, the motion is ALLOWED.

Factual and Procedural Background

The plaintiff, Roland Van Liew (‘Van Liew”) and the defendants reside in the Town of Chelmsford, Massachusetts (“Chelmsford” or the ‘Town”). In 2011, Van Liew commenced an effort to recall four elected members of the Town’s Board of Selectman. One of the Selectman targeted by Van Liew’s recall campaign was Kurland. The recall procedure, specified by the Chelmsford Town Charter, required an initial filing of twenty-five signatures from each of the Town’s nine precincts, followed by the filing of signatures constituting ten percent of the registered voters in the Town. Upon satisfying those requirements, a special election would decide whether to recall the selectmen. This litigation relates to Van Liew’s efforts to gather signatures in support of his recall petition and the actions taken by Kurland and Dzuris in opposition to the petition. The litigation also involves statements, alleged to be defamatory, made by Kurland relating to Van Liew’s involvement in Town business and in particular the recall petition.

In an Amended Complaint, filed by Van Liew on March 10, 2014, Kurland, Dzuris and two other defendants,2 are alleged to have “impaired and infringed upon [Van Liew’s] constitutional right to solicit signatures in support of ballot access as guaranteed by Article 9 of the Constitution of the Commonwealth of Massachusetts” and in violation of G.L.c. 12, §§11H and 1II, the Massachusetts Civil Rights Act (the “Civil Rights Act”). In addition, Kurland is alleged to have defamed Van Liew by “making and publishing . . . derogatory [and] pejorative . . . public statements . . . [which held Van Liew] up to scorn, ridicule, hatred, and contempt...”

More particularly, with respect to the Civil Rights Act violations, it is alleged that on April 20, 2014, Kurland sent an email to thirty people advising them of Van Liew’s recall petition and the “outsiders” that Van Liew had hired to gather signatures (the “canvassers”). The email also encouraged the email recipients to take steps to “discourage [the canvassers] from continuing the effort to get signatures” and in addition, “[i]f you see them at stores or in parking lots, please discuss this with the store manager.” Kurland added, “It is my understanding that DeMoulas and Hannaford frown on this type of activity by their stores . . .” On April 23, 2011, a complaint was made to the store manager of a local grocery store as a result of which canvassers were “ejected from [the] premises and surrounding area.”

On April 24, 2011, Kurland is alleged to have sent four additional emails: the first encouraged the email recipients not to return the recall petition, explaining thát “it will be more difficult for them to get out in numbers if thefy] have less petitions to distribute. ” The second asked an email recipient, “[D]id you complain to the manager?” The third, related to those who had “been deceived into signing the petitions . . . reversing] their signatures.” The final email again referred to signatories being “deceived” and being able to “reverse their signature[s].”

On April 25, 2011, a woman drove up and yelled at one of the canvassers who was collecting signatures at a local grocery store. Van Liew alleges that this was part “of a scheme of harassment organized, orchestrated, created, participated in, and set into motion by” Kurland and/or others."

On April 26,2011, Kurland sent the following email:

It appears as though the local supermarkets are willing to allow the canvassers to sign recall petitions. Could you please take the time to call the three store managers to express deep disapproval of allowing outsiders to destroy our town. If they tell you that these people have the right to be there, that is rubbish. This is private property and the owner can remove them if he or she sees fit. If they persist in asserting the canvassers right to be there asking [sic] them if it is also the right of people in town to stand nearby with posters to boycott their stores. It is the same free speech argument. You can also threaten not to shop at the store again and express the opinion that many of your friends agree with you. Perhaps if they get enough calls, they will remove these people from the premises.

[588]*588It is also alleged that on April 26, 2011, five canvassers at another local grocery store were “physically intimidated and accosted by a group of individuals who opposed” Van Liew’s recall efforts. In addition, a “pair of men . . . ripped a clipboard from one man’s hand, threatened [the canvassers] with physical harm if they continued, and further threatened the life of [Van Liew]. ” On April 29,2011, a number of canvassers were ejected from the premises of a local liquor store by the store manager. On April 30, 2011, a woman, alleged to be the mother of a former Chelmsford selectman, “physically accosted” two canvassers and “methodically scrawled a large ”NO" directly onto each of [their] four petitions, invalidating some 48 signatures." On May 4, 2011, a canvasser was “harassed” outside yet another local grocery store. Again, it is alleged that Kurland “and/or others” were responsible for each of these incidents.

As far as Dzuris is concerned, it is alleged that on April 26, 2011, she sent an email to Kurland and others suggesting a “letter writing campaign” to the owner of one of the shopping centers. On April 26, 2011, Dzuris sent another email stating, “I heard that they are out in Paramount Plaza Today.”

Kurland is the only defendant named in the count for defamation. There it is alleged that between "approximately late 2010 and early 2011,” Kurland “embarked on ... a sustained and increasingly strident campaign of baseless accusations against [Van Liew].” The Amended Complaint includes over seventy separately numbered paragraphs describing what are alleged to be defamatory statements either made by Kurland directly, or attributed to him in local newspapers, on-line newsletters, Facebook entries and public access television shows. The following is a representative sampling of those statements:3

Van Liew’s letters are loaded with inaccuracies which confuse readers.
I hope people see this guy [Mr. Van Liew] for what he is. He wants to generate discontent. There is not one town rep or official I think he is in approval of.
[h]ere is the latest from our local malcontent . . . Van Liew’s allegations are not fact-based . . . the facts are something that don’t concern RVL [Mr. Van Liew]! . . . [t]hanks for reading my rant!;-)
Van Liew “is seeking to upset the entire elected executive branch of Chelmsford on the flimsiest of accusations ...”
Mr. Van Liew’s complaints about our Board have no substance.
Roland Van Liew has misstated numerous facts in his effort to get rid of Paul [Town Manager Paul Cohen].
It is my opinion that Mr. Van Liew wants to buy our town government. Make no mistake about it. While he would like everyone to believe that this is a “grassroots” effort, it is clear that he does not have widespread grassroots support.

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Van Liew v. Kurland, 32 Mass. L. Rptr. 587 (Mass. Ct. App. 2015).

32 Mass. L. Rptr. 587 (Van Liew v. Kurland) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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