Charter School Is Not Immune From Consequences of Chilling Free Speech

Liberty Counsel filed the reply brief to the District of Columbia Court of Appeals regarding the district court’s decision to deny defendant pro-life sidewalk counselor, Larry Cirignano, attorney’s fees in Two Rivers Public Charter School’s lawsuit against him. Liberty Counsel is asking the Appeals Court to reverse and remand to the Superior Court to determine the fee amounts to be awarded based on all the record evidence and applicable authorities.

The Appeals Court previously unanimously reversed the lower court’s decision and ordered that Two Rivers Public Charter School’s lawsuit against Cirignano be dismissed. However, the school is attempting to avoid paying attorney’s fees by claiming “immunity” from the consequences of trying to chill Cirignano’s free speech under a new D.C. law exempting the district and charter schools from the Anti-SLAPP (Strategic Lawsuit Against Public Participation) law. That law was passed after Liberty Counsel obtained final judgment in this case.

However, the charter school cannot apply the new law retroactively to claim immunity and avoid paying fees.

The Superior Court agreed Cirignano is entitled to attorney’s fees, and that Two Rivers is not immune, but held that “special circumstances” justify denying the fee award.

The first “special circumstance” the lower court states is that, “Two Rivers brought the case not for its own benefit but for the sake of the young children who attended the school and for whom the school was responsible, including when they were entering or leaving the school grounds.”

Second, “Two Rivers did not seek out any dispute with defendants. Two Rivers and its students were essentially caught in the middle of a dispute between defendants and Planned Parenthood."

Third, “Two Rivers operates a lower and middle public charter school serving children as young as three years old, and Two Rivers had a reasonable concern that the alleged actions of various defendants, including boisterous protests by angry demonstrators, some of whom displayed graphic images of aborted fetuses, were upsetting and even traumatic for young children.”

Two Rivers sued 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. It appears that if the charter school is really concerned about its children, school officials and parents would not want to expose them to the violence of abortion right across the street.

The lawsuit by the public charter school contained one allegation that on November 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 Cirigano even though he never trespassed on school property or otherwise broke any laws.

Liberty Counsel’s Founder and Chairman Mat Staver said, “Two Rivers Public Charter School is not immune from the consequences of trying to silence the free speech of pro-life sidewalk counselor, Larry Cirignano. We are asking the Appeals Court to hold the school accountable for paying attorney’s fees to the prevailing party.”

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