All’s fair in political debate at public meetings.

Or at least it probably won’t get you sued for slander, attorneys say.

At a recent meeting, City Councilman Frank Ferry called a group of people “developmental terrorists” — a term he used to describe rabble-rousers who are trying to halt development projects before they go through the formal city-planning process.

He went on to urge developers to sue those protesters for libel and slander.

Those fighting a proposed medical-office building in Valencia were far from pleased with Ferry’s remarks, with some calling for Ferry to recuse himself from votes on specific projects.

Laura Stotler, for one, was furious.

“I really take exception,” Stotler said. “That’s exactly what the public process is for. Where else are we going to raise the issue?”

Ferry, however, said he’s not opposed to citizens’ input, but he believes the public is being manipulated by a select few politically savvy individuals.

“The public coming forward, that’s not a problem,” Ferry said. “The environmental groups, that doesn’t bother me. We encourage them, as a council, to come forward. But there’s a political clout building. That’s what I take great offense to.”

With both sides refusing to back down, attorneys well-versed in First Amendment issues say the accusation-slinging probably won’t turn into a legal battle because commenters at public meetings are nearly immune from slander or libel lawsuits.

Locals react
At the May 25 meeting where Ferry lashed out, he singled out Stotler as one person being led by “developmental terrorists.”

Stotler has since said Ferry has shown himself as an advocate for the developers he spoke of and should recuse himself from future votes on matters concerning their projects.

“We could not get a fair hearing from that man,” she said. “And to call us ‘developmental terrorists’ and to be told that a developer will sue us for libel, that’s not good government, and that’s not freedom of speech, and that’s not showing an unbiased viewpoint.”

Former council candidate David Gauny agreed.

“He was out of line, and I think he embarrassed himself,” said Gauny, who narrowly lost to Ferry in the April election.

“It’s infuriating to have that kind of deception and condescending lecture from that City Council. They were so far off base.”

Gauny said Ferry wrongly assumed that he had orchestrated any of the community groups that spoke May 25. Gauny said he went to a meeting of the Singing Hills community group, but sat in the back and didn’t say anything.

The Singing Hills group mounted an active effort to oppose the Medical Pointe office complex at Singing Hills Drive and McBean Parkway. The city’s planning division is helping developer BG Capital flesh out its plans, but neither the Santa Clarita Planning Commission nor City Council has considered it.

Nevertheless, the group has attended nearly every public meeting since April to speak out in protest.

Gauny said that ironically, he had advised Singing Hills residents to hold back on the public displays before Ferry’s rant.

“I thought they should wait until the application documents were in hand,” Gauny said. “I just thought it was ineffective.”

Attorneys weigh in
Santa Clarita City Attorney Carl Newton pointed out that anyone who speaks at a public meeting is nearly immune from slander or libel suits.

“It’s to encourage people to speak their mind without fear of liability,” Newton said.

Newton said Ferry didn’t say anything that indicates bias or that calls for him to recuse himself.

“If he said, ‘I’m unalterably opposed to this project,’ or ‘I’m wildly in favor of this project,’ or ‘I will not listen to the evidence before making my decision,’” that would be a reason to step down on votes, Newton said. “But he didn’t say anything like that. He said that the matter should go through the appropriate procedures for consideration, and that’s entirely appropriate.”

Freedom of speech attorney Gary Bostwick, of the Los Angeles-based law firm Bostwick & Jassy LLP, was surprised to see such an uproar over what is, generally speaking, political debate.

“Both are complaining about the other people talking,” Bostwick said. “Frankly, it’s amazing to me that this guy (Ferry) is in politics, because that’s what politics is all about. Lies happen all the time in political settings. But frequently, it’s not lies — it’s rhetorical hyperbole.”

Bostwick described “rhetorical hyperbole” as the use of exaggerated language for emotional or literary effect that “everyone understands is in the service of whatever the persuasive objective of the speaker is.”

“You wouldn’t be able to sue (critics) for defamation because everyone understands it’s a heated political issue,” Bostwick said.

Even outside the public forum, Bostwick said defamation cases are tough to win since the First Amendment gives many concessions for people to express their opinion and persuade others.

“If (developers) sued, they’d be thrown out on their ear, unless I’m mistaking what they’ve said,” Bostwick said.

First, a developer seeking a defamation suit would have to prove that someone knowingly made a false statement about it, and intended to harm the developer.

Then, the developer would have to prove that harm had been done, Bostwick said.

For example, the G&L Realty campaign donation allegation — that the Los Angeles-based development firm donated money to the re-election campaigns of Ferry, Mayor Laurene Weste and Councilwoman Marsha McLean — is substantially true, Bostwick said.

The omitted fact — that the money was given to a political action committee that then spent it on mailers supporting their re-election campaigns — doesn’t make the statement false, Bostwick said.

The heat is on
Ferry said he’s not letting up.

“It’s very clear. I can see from the council dais the individuals in the back of the room, passing out photocopied statements.
That isn’t the citizenry forming their own thoughts. I’ve seen e-mails and things dropped on doorsteps. ... I see the strategy being used.

“I’ve seen this same type of tactic used now trying to close two public roads, and with code enforcement in Saugus; and the hospital; and the Casden project in Newhall,” Ferry said. “If you have an individual out in a community disseminating information that is intentionally incorrect, that’s hurting our community.

“That’s what I’m going to be vigilant about,” Ferry said. “If they choose to continue, they’re doing so knowing that I’m going to call them out.”

And if Ferry finds himself needing legal advice, Bostwick is available.

“If (Ferry) came to us and said, ‘I’ve been sued for calling people developmental terrorists,’ I’d defend him, and I’d win,” Bostwick said. “He’s certainly not saying anybody’s planting any bombs or shooting anybody. The First Amendment allows a lot of room for people to be in public debate, for people to be wrong.”