A New York comedian who was sued by the Lafayette city-parish government over his Facebook post about a fake antifa demonstration at a local mall aims to get the last laugh through his response to the civil lawsuit.
John Merrifield, who grew up in Lafayette Parish but now lives in New York City, filed a response to the lawsuit in the 15th Judicial District Court last week. Merrifield and his New Orleans attorney, Andrew Bizer, argue that the court should strike the parish’s complaint because it violates a state law banning strategic lawsuits against public participation (SLAPP).
Lafayette argues in its lawsuit that Merrifield should pay costs that the city incurred as it responded to concerned employees and customers at the Acadiana Mall in late August, after Merrifield’s satirical Facebook page said antifa members were planning a demonstration there.
“The goal is to get Mayor-President Josh Guillotine to park as many empty patrol cars as they can fit in the parking lot, and maybe even cause a few flat tires with our strategically placed potholes,” the Facebook post said.
Josh Guillory, the mayor-president, has criticized the effects the posts have had, and the parish is now seeking damages from Merrifield of under $75,000.
“Merrifield’s antifa hoaxes had the intended effect,” the parish’s complaint says. “The hoaxes have caused Lafayette City-Parish Consolidated Government considerable sums of money – both in investigating and responding to the hoax events.”
Merrifield was within his First Amendment rights to create the fake antifa events, according to his motion to strike. In addition, the motion contends that even if the event were real, Merrifield would have done nothing illegal.
“Even if Mr. Merrifield had intended to organize an actual ANTIFA protest, said activity would still be protected by the First Amendment,” the motion states. “There is nothing illegal about individuals who are opposed to fascism and other forms of extreme right-wing ideology members conducting a peaceful assembly or burning flags.”
The motion also argues that because Merrifield did not owe the parish any kind of duty, no negligence can be proved. Furthermore, the statute referenced in the parish’s complaint relates to criminal behavior, while Merrifield was sued in civil court for monetary damages, the motion says.
The lawsuit is a diversion from other important issues being debated in Lafayette, according to Merrifield.
“What LCG and Mr. Guillory should really be ashamed of is how they closed their doors to our neighbors seeking hurricane relief, how they attempted to defund recreation centers in poor communities, how multiple LPD officers couldn’t detain one man without shooting him in the back, couldn’t respond peacefully to those protesting Trayford Pellerin’s murder, and couldn’t detain a teen without assaulting him while two officers held him down,” he said in a statement emailed to the Louisiana Record.
Attorney Bizer said he is confident the court will strike the local government’s complaint.
“Any first-year law student could tell that this is a frivolous lawsuit,” he said, “filed solely to suppress Mr. Merrifield’s constitutionally protected speech.”