Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, April 22, 1995 TAG: 9504240023
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: PAUL DELLINGER STAFF WRITER
DATELINE: WYTHEVILLE LENGTH: Medium
A $3,200 civil suit by the Wythe County Board of Supervisors against petitioners who tried to remove one of their members may be a first in Virginia.
At least, representatives of some citizen watchdog groups had never heard of one.
``Fascinating,'' said Kent Willis at the American Civil Liberties Union office in Richmond. ``What I hope is that the judge looks at the law on the First Amendment and adheres to tradition.''
Registered voters in the Black Lick District who signed the petition seeking to oust Supervisor Charles Dix seem to think that is just what will happen.
``We don't really think much about it one way or the other,`` said Amy Martin. ``We have faith in the legal system. This is a right under the Constitution.''
Lou Walters, another signer, said she felt the suit was an infringement on the petitioners' constitutional rights. Others said the signers are not worried about paying their part of the $3,200 being sought - the $2,500 cost to the county in successfully defending Dix, and the rest for the cost of the suit - but feel the suit is unwarranted.
Supervisor Jack Crosswell, who made the motion to file the suit, said people must take responsibility for their actions.
``I'm not against the people signing a petition. I think that's a constitutional right that everybody should enjoy,'' he said. ``When they read something, they ought to read what they're signing.''
He said the petition contained misinformation, including an allegation that Dix and Supervisor Olin Armentrout had ignored instructions from their chairman when he sent them to check Corrections Corporation of America, which wants to build a 1,500-bed prison east of Wytheville.
The ACLU's Willis said the petitioners' misinformation made no difference. ``It's one thing for them to do it, not do it quite properly and have it thrown out of court. That happens all the time,'' he said
``It concerns me that the Board of Supervisors even felt they had a cause of action,'' Willis said. ``Anything but a dismissal of this case would be a slap in the face of the First Amendment.''
Julie Lapham, with Common Cause of Virginia, seemed surprised when told of the suit.
``That's somewhat disturbing,'' she said. ``I guess - gosh, I've just not heard of that before. It's going to be quite interesting, isn't it? Boy, there's all kinds of ramifications to that one.''
She suggested it could make people hesitate to exercise rights in the future. ``Right off the top of my head, there does seem to be a chilling aspect to this. ... I guess, under American legalities, anybody could sue anybody."
``This is a variation on what's called a SLAPP suit,'' said Lee Butler of Public Citizen, a Washington, D.C., watchdog group. A SLAPP - Strategic Lawsuit Against Public Participation - usually involves well-financed companies suing small citizens' groups, ``especially in the environmental area where citizens have brought suit against companies,'' he said.
``It's not worrying me. I don't actually believe they can do this,'' said signer Bertha Dix. ``I felt that he [Charles Dix] did not do us right by not letting us have a referendum to voice our opinion ... and that's the reason I circulated and signed the petition.''
An earlier petition backed by a group calling itself Citizens Against the Prison had asked that the supervisors hold an advisory referendum on the prison. Instead, after Dix and Armentrout made their report, they voted 4-3 to welcome CCA to Wythe County.
Petition movements started in both supervisors' districts, but only Dix was forced to go to court. Circuit Judge Willis Woods ruled that there was no evidence that Dix misused his office.
On March 31, the supervisors voted 5-1 to attempt to recover their legal costs from the petitioners.
The county had to pay the $2,500 deductible on its liability insurance policy, and County Administrator Billy Branson advised the board March 28 that it could seek that money from the petitioners rather than from county tax revenue.
Crosswell moved that the attempt be made. The only opposition came from Chairman Mark Munsey, who said the move would do nothing but ``cause other ill feelings and problems.'' Supervisor John Davis, who had joined Munsey and Tom DuPuis in voting against welcoming the prison, was not at that meeting.
The suit was filed April 13.
by CNB