A bill that would protect people from being sued in retaliation for calling police cleared its first Senate committee Thursday, as advocates for the bill say it will protect others from the expensive, frivolous lawsuits they were forced to experience.
The legislation, which passed the Senate Judiciary Committee Thursday, would clarify the state's anti-SLAPP statutes, which are designed to protect people who speak out in governmental activities or situations from being sued. (SLAPP stands for Strategic Litigation Against Public Participation.)
The legislation stems from controversy that began in 2010 when Jeffrey L. Nielsen was charged with disorderly conduct, theft and two traffic offenses after he was accused of taking campaign signs belonging to now-Grant City Council member Steve Bohnen. Nielsen was convicted of disorderly conduct while the other charges were dropped. Nielsen then sued Grant resident Keith Mueller, who reported him, along with Bohnen and Washington County, alleging fraud, conspiracy and malicious prosecution. It led to years of courtroom battles and hundreds of thousands in legal bills for the defendants, who were ultimately able to get their cases dismissed.
Mueller told the Senate Judiciary Committee that clarifying the state's anti-SLAPP statutes to include calling the police as an act of public participation could have prevented his ordeal.
"While it's too late for me to benefit from this law change, it's important to me to clarify that reports to law enforcement are an act of public participation," Mueller told the committee.
Bohnen testified that four years of legal distractions "compromised my ability to be a good father, husband, businessman and road commissioner."
"I cannot stress enough the pressures that come with this type of legal attack," he said. "I owe an excess of $1 million in legal bills, and my desire to call law enforcement has been effectively chilled."
Jim Franklin, executive director of the Minnesota Sheriff's Association, said Nielsen's lawsuit against the Washington County Sheriff's office was unlike any he had seen in 40 years, and backs the legislation.
"We as law enforcement—police, fire, sheriffs, EMS, live and die by these 911 calls. They are critical to our successful operations on a daily basis," Franklin said. "If we don't have people calling, cooperating and helping us, we are in deep trouble."
The bill heads next to the Senate floor. A House version also awaits a floor vote