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On September 6, 2002, the Hon. Patricia Yim Cowett, Judge of San Diego Superior Court, issued an order granting defendants' special motion to strike the complaint filed by Karen De Felice in De Felice v. Rimland, et al, Case No. 791230. The following are excerpts from Judge Cowett's written ruling:

"[T]he ... complaint constitutes an unjust infringement on the Defendants constitutionally protected free speech rights..."

"[This lawsuit] concerns the Plaintiff's attempt to stop the Defendants' exercise of free speech to the public and in a public forum that critiques the Plaintiff's furtherance of a certain type of treatment for autism."

"[T]he defamation claims lack any merit on their face."

"[The complaint] is merely an attempt to infringe upon the defendants' free speech rights and as such...must be stricken as a matter of law."

 

Judge Cowett also held that defendants Bernard Rimland, Autism Research Institute and Maureen McDonnell were entitled to attorneys' fees.

On November 1, 2002, Judge Cowett heard argument on the motions for attorneys' fees. Ms. De Felice was represented by her attorney, who had filed extensive papers opposing the motion.

Judge Cowett ruled as follows:

1. She reaffirmed her September 6 decision granting the defendants' motion.

2. She awarded ARI and Dr. Rimland over $22,000.00 in attorneys' fees.

3. She awarded Maureen McDonnell over $17,000.00 in attorneys' fees.

Interested parties may contact the San Diego Superior Court for more information. The court's website is: www.sandiego.courts.ca.gov. The telephone number for the records department is: 619-531-4460. The court is located at 220 West Broadway in downtown San Diego.

Comment: While it was very clear from the outset that Ms. DeFelice had no possibility of winning her lawsuit against us, we were nevertheless compelled to defend ourselves. The $40,000 in reimbursement for legal costs, which Ms. DeFelice must now pay, does not begin to compensate for the enormously larger cost in time and attention that the lawsuit has diverted from our mission--the defeat of autism. -- Bernard Rimland, Ph.D.

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