Bruno's Tavern

Court dismisses suit by Bruno's - On August 16, 2006, a Civil District Court judge dismissed and threw out a lawsuit by David Melius, owner of Bruno’s Tavern, filed against the Maple Area Residents, Inc. (MARI) and two neighbors.

In February, Melius filed the suit against MARI and two of its Board Members, David Keiffer and Thomas Milliner. The suit alleged claims of defamation, abuse of process, malicious prosecution, and intentional infliction of emotional distress based on statements made in public hearings before the City Planning Commission and the Board of Zoning Adjustments over the establishment of a new bar – Bruno’s Tavern – on Maple Street.

Rather than wilt in the face of the lawsuit, MARI and the individuals vigorously defended their right to oppose the bar and submit information in these hearings. MARI and the individuals argued to the court that the lawsuit was filed to intimidate MARI, the individuals, and any others who might dare oppose the project from exercising their constitutional right to speak out and oppose the project in these proceedings. In defending this case, MARI and the individuals argued that Melius’ suit was prohibited by Louisiana law. This type of suit – commonly referred to as a SLAPP suit (“Strategic Lawsuit Against Public Participation”) – has been brought by developers to personally sue individuals when they seek to participate in the public process. The Louisiana law calls for the dismissal of such suits, and damages for filing such a suit, if the court finds that the petitioner cannot establish “a probability of success” on his claims and if it has been filed against an individual who has exercised his or her rights to freedom speech on a matter of public issue.

In the hearing, the Court agreed with MARI's position and found that Melius could not establish a probability of success on his claims. The Judge’s decision dismissed the case in its entirety. This is a victory for anyone who has ever stepped up to speak up at a City Council hearing, CPC hearing, or any other public proceeding to oppose something they think is bad for their community. If this suit had been successful, it would have posed a risk of a lawsuit for anyone who dared express their opinion about public issues in their neighborhood.

Congratulations to all those who continue to speak out in support of their neighborhood even in the face of this type of opposition.