'Victory for Free Speech': DC Court of Appeals Unanimously Rules in Favor of Pro-Life Sidewalk Counselor

The District of Columbia Court of Appeals has unanimously reversed a lower court's decision and ordered that Two Rivers Public Charter School's lawsuit against pro-life sidewalk counselor, Larry Cirignano, be dismissed. 

Two Rivers Public Charter School sued Larry Cirignano after he peacefully stood on a sidewalk one time near a Planned Parenthood abortion facility situated in between an elementary and middle school in the District of Columbia. 

Represented by Liberty Counsel, Cirignano responded by filing an anti-SLAPP (Strategic Lawsuits Against Public Participation) suit against the school. On Thursday, the court ruled 3-0 in favor of Cirignano and dismissed the case brought against him. 

Liberty Counsel's Founder and Chairman Mat Staver called Cirignano's case, "a victory for free speech that will affect generations." 

"This victory for free speech has taken several years to accomplish but its importance will affect generations," Staver said. "A victory for free speech is a victory for everyone. And a victory to bring awareness about an abortion facility situated near a public school is clearly in the public interest. It was a costly decision for Two Rivers Public Charter School to avoid the First Amendment. Free speech cannot be brushed aside by intimidation or litigation tactics."

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The public charter school's lawsuit contained only one allegation. It claimed that on Nov. 23, 2015, Cirignano appeared on a public sidewalk holding a sign raising awareness about abortion. The Planned Parenthood building shares an alley with and is located between the two buildings of the Two Rivers. 

The charter school sued Cirignano even though he never trespassed on school property or otherwise broke any laws. 

In its decision, the D.C. Appeals Court ruled that Two Rivers had no standing to bring the lawsuit and would not succeed on the merits of its claim. 

"Two Rivers Public Charter School lacked third-party standing to assert a claim for intentional infliction of emotional distress ("IIED"), and its other claims cannot succeed on their own," the court wrote in its 14-page decision. 

"We, therefore, hold that the trial court erred in holding that Two Rivers had demonstrated it was likely to succeed on the merits of its private nuisance and conspiracy to create a private nuisance claims in order to overcome the AntiSLAPP special motion to dismiss," the appellate court said. 

"The trial court's decision is reversed," the court concluded.