The mayor is being sued by former St. Helens Police Chief Joe Hogue. (Anna Del Savio/Columbia County Spotlight)

In response to the former St. Helens police chief’s lawsuit against her, Mayor Jennifer Massey maintains that her actions constitute free speech.

The mayor’s lawyer filed a motion to dismiss the lawsuit against her by Joe Hogue, the city’s former chief of police, under a state law designed to prevent frivolous lawsuits that seek to deter individuals from exercising their First Amendment rights to free speech. The law protects speech that arises out of legislative or judicial proceedings, public forums, reporting by members of the press and more.

Commonly referred to as SLAPP lawsuits, or Strategic Lawsuits Against Public Participation, the state’s anti-SLAPP legislation allows for an expedited and inexpensive pathway for governments to get rid of such lawsuits.

Let’s rewind

Hogue filed a whistleblower retaliation lawsuit against Massey and the city of St. Helens in March. The lawsuit alleges Massey tried to block Hogue’s promotion to chief of police because Hogue reported Police Chief Brian Greenway for misconduct.

Greenway headed the police department until he was placed on administrative leave in October. Hogue stepped into the role as chief of police on an interim basis until Greenway resigned from the position in January following a lengthy report detailing Greenway’s alleged misdeeds during his tenure.

In his lawsuit, Hogue further alleged that Massey colluded with Greenway to withhold 24/7 police coverage from the city in order to bolster her mayoral campaign.

The police department has been short-staffed for years, and Greenway announced that it would stop providing 24/7 police patrols effective Oct. 1 last year. Greenway was placed on administrative leave about a week later, and the department returned to 24/7 patrols Nov. 1.

Burden of proof

Under state law, once an anti-SLAPP motion to dismiss a lawsuit has been filed, the party initiating the lawsuit has the burden of proof to show that the case has merit and that they may win.

Massey’s lawyer argued that because much of what Hogue’s complaint cites is speech that occurred during city council meetings, which are considered legislative proceedings, her actions are protected by the anti-SLAPP legislation. The lawyer also alleged that Massey had never been privy to the report Hogue made about Greenway and can’t have retaliated against Hogue because of it.

For these reasons and others noted in the 22-page motion, Massey’s lawyer argued that Hogue won’t be able to provide evidence that would validate the lawsuit, and the lawsuit should therefore be dismissed.

What’s next?

As litigation plays out in the background, the city has selected a new chief of police to take over the department — Chief Matthew Smith.

Hogue and his lawyer will file a response to the motion to dismiss the lawsuit, and a hearing has been scheduled for October to decide on the dismissal.