No one won

Submitted by Evan S. (United States), Jun 6, 2007 at 09:13

As someone who has followed the ISB cases with some level of attention, a few points for everyone's consideration :

1. ISB did not win. They spent hundreds of thousands of dollars asserting that various allegations were defamatory, they now run away based on the agreement not to appeal a suit that (i) they always asserted was without merit, and (ii) they had won at the trial level. Much of the information that came out was devastating to them.

2. The private defendants did not win. Their failure to establish that their actions were covered by the Anti-SLAPP suit provisions means that individuals in the future will still be concerned that the act of petitioning the legislature and raising public awareness will expose them to the threat of litigation. Further, the essential constitutional issues in the Policastro case do not get tested at the appellate level, making it much easier for the BRA to act arbitrarily in the future.

3. The public did not win. The Boston development agency (BRA) walks away with the impression that they can trample on the constitution with impunity and hide behind procedural defenses that give them unbelievable protection. Further, the real interaction between ISB, Roxbury Community College, and the BRA, and the murky role of Mr. Ali-Salaam, and the decision to give public land away at a fraction of its value will never come to light.

4. The politicians did not win. This issue was ripe for some public investigation and oversight. Nothing.

In sum, a total pig's breakfast.

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