A Neighbor’s Warning about a Dog Attack is Constitutionally-Protected Free Speech
Residents of a homeowners’ association can publish warnings about another resident’s dogs. In October 2006, a resident of a homeowners’ association observed two dogs attack a pet goat. The witness told association residents that he thought the dogs belonged to another resident, Joel Thomas Toler. The residents discussed the dog attack at an association meeting. The association published the meeting minutes in a newsletter and warned residents to use caution in the area.
Toler filed a defamation lawsuit against his neighbors. The neighbors filed a motion to strike Toler’s complaint, contending that the lawsuit suppressed their constitutional right of free speech under the “Anti-SLAPP” statute (strategic lawsuits against public participation), Code of Civil Procedure, section 425.16. The Solano County Superior Court granted the motion and awarded the defendants attorneys’ fees.
On April 30, 2009, the Court of Appeals for the First District unanimously affirmed striking plaintiff’s complaint. The court found that warning residents about the dog attack was constitutionally-protected free speech, because it was a matter of public interest that was made in a public forum, and Toler did not present any evidence that he could prevail in his lawsuit. (Toler v. Dostal, et al. (unpublished opinion, April 30, 2009) 2009 WL 1163492.)
William S. Kronenberg and Steven A. Kronenberg represented the residents of the homeowners’ association. Steven A. Kronenberg presented oral arguments in the trial and appellate courts..