Bill Summary – FastDemocracy

GOVERNMENT OF THE DISTRICT OF COLUMBIA.

                           OFFICE OF THE ATTORNEY GENERAL

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ATTORNEY GENERAL                           frac

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KARL A. RACINE                             ea

October 28, 2021

The Honorable Phil Mendelson

Chairman, Councilofthe District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue, N.W., Suite 504

Washington, D.C. 20004

Dear Chairman Mendelson:

I write to transmit the Anti-SLAPP Amendment Act of 2021, Anti-SLAPP Emergency

Amendment Act of 2021, Anti-SLAPP Temporary Amendment Act of 2021, (collectively

legislation) for consideration and enactment by the Councilofthe District of Columbia. As you

know, anti-SLAPP (Strategic Lawsuit Against Public Participation) laws are statutes that insulate

people and entities that speak out on matters of public interest from baseless SLAPP lawsuits,

designed solely to punish speech and drain financial resources. Numerous jurisdictions, including the

District of Columbia,' have anti-SLAPP laws to ensure that people can highlight corporate

misbehavior without fear of being tied up in retaliatory litigation. Anti-SLAPP protections work by

cutting offa SLAPP suit in its tracks, halting all proceedings until both the trial and appellate courts

determine whether the suit is in fact retaliatory. Recently, however, corporations have turned these

protections on their heads to stop legitimate government enforcement actions by claiming that

government suits are in fact SLAPP suits. Consequently, important government cases have been

halted while courts resolve specious SLAPP claims.

This legislation would clarify that government enforcement suits are not subject to the Districts anti-

SLAPP law. This change is especially urgent because local enforcement actions have been obstructed

by invocation of anti-SLAPP statutes. Whats more, large oil companies have used anti-SLAPP laws

to stop state enforcement cases across the country, and OAGs pending suit against these companies

for deception regarding climate change is vulnerable to this sort ofattack without amendments to

clarify the laws reach.

OAG thanks the Council for moving swifily to remedy the misuse of the Districts anti-SLAPP law

so that we can continue to enforce our statutes and protect the people and resourcesofthe District of

Columbia. Ifyou have any questions, you may contact me, or yourstaff may contact Deputy Attomey

General Emily Gunston at (202) 805-7638.

Sincerel;

Karl A. Racine

Attorney General for the District of Columbia

D.C. Code 16-5502.

          400 Sixth Street, N.W., Washington, DC 20001, (202) 727-3400, Fax (202) 730-0484

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                                                               at the requestofthe Attorney General

                                                   ABILL

                        IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.

     Chairman Mendelson, at the request of the Attorney General, introduced the following bill,

           which was referred to the Committee on

     To amend the Anti-SLAPP Act of 2010 to clarify that it does not apply to actions brought by the

           District.

            BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

     act may be cited as the Anti-SLAPP Amendment Actof 2021.

            Sec. 2. Section 6 of the Anti-SLAPP Act of 2010, effective March 31, 2011 (D.C. Law

     18-351; D.C. Official Code  16-5505), is amended as follows:

            (a) The existing text is designated as subsection (a).

            (b) A new subsection (b) is added to read as follows:

            (b) This chapter shall not apply to any claim for relief brought by the District.

28          Sec. 3. This act shall apply as of March 31, 2011, and shall apply to any cases pending at

29   the time of the enactmentof the Anti-SLAPP Amendment Actof 2021, passed on 2nd reading on

30   XXX, 2021 (Enrolled versionofBill 24-XXX).

31          Sec. 4. Fiscal impact statement.

32          The Council adopts the fiscal impact statement in the committee report as the fiscal

33   impact statement required by section 4a of the General Legislative Procedures Act of 1975,

34   approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

35          Sec. 5. Effective date.

36          This act shall take effect following approval by the Mayor (or in the eventofveto by the

37   Mayor, action by the Council to override the veto), a 30-day periodofcongressional review as

38   provided in section 602(c)(1)ofthe District of Columbia Home Rule Act, approved December

39   24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

40   Columbia Register.

                          GOVERNMENT OF THE DISTRICT OF COLUMBIA,

                                     Office of the Attorney General

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 Legal Counsel Division

 MEMORANDUM

 TO:               Ronan Gulstone

                   Director

                   Office of Policy and Legislative Affairs

                   Brian K. Flowers

                   Deputy Attorney General

                   Legal Counsel Division

DATE:              October 6, 2021

RE:                Legal Sufficiency Certification of Draft Legislation, the Attorney General

                   Anti-SLAPP Amendment Actof2021

                   (AE-21-137)

 This is toCertify that this oftice nas reviewed the above-

 referenced draft legislation and found it to be legally unobjectionable. If you have any

 questions, please do not hesitate to call me at 724-5524.

Brite ki:Pwere

            by CPE

 Brian K. Flowers