In the last chapter of year-long saga, the dismissal of Déjà Vu Showgirls’s SLAPP-suit against Linda Schipani—previously dismissed outright for failure to state any cognizable claim for relief—has been unanimously upheld by the Sixth Circuit Court of Appeals. Said Daniel Horwitz, Schipani’s attorney:
“Deja Vu has lost the same case so many times it’s difficult to keep up, but the end result is always the same: Complete vindication for Linda Schipani—who will continue to be a successful, respected businesswoman despite the best efforts of her misbehaving neighbor—and a total loss for Déjà Vu, which has become synonymous with frivolous litigation and failure. Déjà Vu and its contractors should take this resounding loss as a lesson and stop filing baseless SLAPP-suits against their neighbors for exercising their First Amendment rights going forward.”
Déjà Vu Showgirls is a strip club located on Church St. in Nashville. In an effort to enhance its customer experience, one of the services that Déjà Vu (briefly) provided its customers was valet parking: A service that ticked off its adjacent neighbors when its valet contractor—a company called “The Parking Guys”—trespassed on its neighbors’ property, parked vehicles in neighboring businesses’ parking lots without permission, obstructed road access, and blocked their ingress and egress. The fact that Déjà Vu carried on its disruptive valet parking operation both without a valid permit to operate and outside of permitted hours didn’t help matters, either, leading to a permanent valet permit for the strip club being denied by city officials.
Unsatisfied that it could not continue to provide valet services to its customers, Déjà Vu and its valet contractor convinced themselves that they had been the victims of an elaborate anti-stripper conspiracy. Thus, to vindicate their (imaginary) victimization, Déjà Vu and The Parking Guys took to state and federal court, where they sued Metro’s Traffic and Parking Commission, Metro Councilman Freddie O’Connell, and two of Déjà Vu’s neighbors—Linda Schipani and Lee Molette—asserting laughably ridiculous claims. The claims that Déjà Vu and The Parking Guys filed against their neighbors over absolutely immunized testimony that their neighbors had given to the Traffic and Parking Commission, in particular, were legally baseless for approximately half a dozen reasons, and all of them repeatedly failed accordingly.
When the dust settled, Déjà Vu lost essentially the same claims before one Commission and the following five separate courts:
The deadline to appeal to the U.S. Supreme Court having expired yesterday, Déjà Vu’s SLAPP-suit and its utterly failed efforts to sue its Councilman and neighbors over testimony that the strip club did not like have officially come to an ignominious end.
Daniel Horwitz is a free speech lawyer who represents clients across Tennessee. If you would like to purchase a consultation from him, you can do using the form below.