ACLU says fire district's lawsuit over shoreline access is intended to stifle free speech

WESTERLY — The Weekapaug Fire District's aggressive legal tactics may run afoul of a state statute intended to prevent activists from being targeted with frivolous yet costly and time-consuming lawsuits.

That's according to the Rhode Island Attorney General Peter F. Neronha's office, the Town of Westerly, and the Rhode Island ACLU.

In separate court filings, each allege that the fire district — which doesn't put out fires and is more like a homeowners association — is attempting to chill free speech by suing some of the key players in the ongoing battle over public access to Quonochontaug Barrier Beach.

"The reality is that the Fire District has used every tactic it possibly can to make this process burdensome, contentious, and frankly, expensive for all parties involved, and has done so in order to intentionally thwart public participation," states the motion from Neronha's office.

Fire district sues Westerly, AG, and others seeking clarity on right of way

On summer days, Weekapaug's unspoiled 1.7-mile barrier beach is off limits for just about everyone besides fire district members and guests. But shoreline access advocates believe that's only because the fire district is illegally blocking a right of way known as Spring Avenue Extension.

The fire district insists that the right of way has always been private property. In 2020, the Westerly Town Council voted to refer the matter to the Coastal Resources Management Council, which is responsible for designating coastal rights of way.

Neronha later got involved in the case, taking the position that the pathway should be open to the public. Carolina Contrata, a Westerly resident and advocate for shoreline access, also joined the proceedings and created a GoFundMe campaign for legal expenses and research.

"Becoming involved in re-opening the Spring Avenue right-of-way to the public is the first time I have been involved in public discourse in a meaningful way," Contrata said in a statement. "I just love the beach; this is why I live in Westerly."

In December, people who had donated to Contrata's online fundraiser received letters from the fire district's attorney, informing that they were considered potential witnesses in the ongoing battle over the Spring Avenue right of way and might be deposed — a move that prompted a stern rebuke from the ACLU.

Later that month, the fire district sued Contrata, Neronha, the Town of Westerly and the CRMC for "slander of title."

Suit is intended to stifle freedom of speech, ACLU says

The fire district's lawsuit outlines, in detail, its evidence for considering Spring Avenue Extension private. Since ownership has already been established, the fire district argues, the CRMC does not have any authority to determine otherwise and its review process "would be wasteful, time consuming, burdensome, duplicative, and futile."

The suit also alleges that Westerly councilors "abused the CRMC process in order to appease their constituents," despite knowing that the right of way is private. It accuses Contrata and Neronha of intervening "in order to pursue their own personal and/or political agendas" against the fire district.

The lawsuit is a classic example of a SLAPP suit, which are intended to stifle freedom of speech, according to the ACLU, which announced on Thursday that it plans to defend Contrata. (The acronym stands for Strategic Lawsuits Against Public Participation.)

Rhode Island has a law on the books banning SLAPP suits, which can essentially become a form of harassment. In separate motions to dismiss the lawsuit, the ACLU, attorney general's office and Town of Westerly argue that — among other things — the fire district has violated that law.

"We look forward to the opportunity to share the facts of this case," Jeanne M. McAndrew of the Weekapaug Fire District said in a statement. "When we do, we are confident that the court will agree that this piece of land belongs exclusively to the Fire District."

This article originally appeared on The Providence Journal: Weekapaug Fire District lawsuit over Spring Avenue case faces pushback