Burns files countersuit against Billow, claiming defamation in election ads

Dave Sutor, The Tribune-Democrat, Johnstown, Pa.
·2 min read

Mar. 25—JOHNSTOWN, Pa. — State Rep. Frank Burns, D-East Taylor Township, filed a civil lawsuit against Renae Billow, his Republican challenger in last year's election; the Friends of Renae Billow and the Cambria County Republican Committee, accusing them of defamation and false light invasion of privacy.

The legal action in the Cambria County Court of Common Pleas concerns advertisements and social media posts that were made during the race.

In the lead-up to Election Day, Billow responded with her own commercial to an advertisement in which Burns accused her of having "scammed" a federal pandemic mortgage relief program. In that commercial, she stated, "Frank Burns is lying."

Burns' complaint alleges several other instances in which Billow, her committee and the county's Republican Party referred to him as a liar in some way. It also cites CCRC posts alleging that Burns used "covert racism" and owned "slum properties."

In the filing, Burns' attorneys contend that the defendants' "barrage of false, misleading and defamatory statements were taken with actual malice intending to harm Plaintiff's reputation in order to defeat him and/or destroy or harm his career."

"Frank Burns' recent filing is a desperate attempt to deflect attention away from his own bad acts," Jesse Daniel, an attorney representing Billow and her campaign, wrote in an email. "He filed these claims purely for tactical reasons. His claims have no merit."

Billow filed a lawsuit before the election accusing Burns, his re-election committee and the Pennsylvania House Democratic Campaign Committee of common law defamation, defamation by imputation of crimes and false light invasion of privacy over Burns' original advertisement that accused her of scamming the mortgage relief program.

That advertisement also depicted Billow in a photoshopped mugshot-type image, even though she has never been arrested.

Burns is attempting to have Billow's lawsuit dismissed by Cambria County Judge Linda Fleming, who heard arguments in the matter in February. She has not yet issued a ruling.

"After hearing the recent arguments of Ms. Billow's counsel in their suit against my client, we decided to file a countersuit against the defendants based on the fact that the statements made by the defendants against Mr. Burns fit the definition of defamation, according to Ms. Billow's own attorney," said Mark Golen, one of the lawyers who filed the lawsuit for Burns. "We will present the factual evidence supporting our countersuit and are prepared to take this case to trial if necessary."

Burns is seeking a jury trial.