Top lawyer takes on case....shades of Erin Brockovich in Florida

Getting SLAPPED, how Miami woman fought corporate polluter to protect home at Everglades edge and is paying dearly

Imagine this scenario: you live in an idyllic rural area, surrounded by a lush agricultural and horticultural community and a toxic dump appears in your neighborhood, creating frightful conditions for all area residents, generating heavy truck traffic, dust, noxious odors, and ultimately, polluting the groundwater with arsenic, ammonia, lead and chromium. The 18 acre dump site comprises 135,000 tons of something labeled soil-like material" to be marketed" to farms, and in addition to the toxic mix already mentioned, contains mercury, barium, cadmium and PCBs, all contaminants at the top of the EPAs list of hazardous substances. You and the neighbors speak out against the illegal activities at the facility for more than four years, trying to get the protection" guaranteed by the EPA, and finally the site is shut down by local government because of health risks to the neighborhood. This victory is bittersweet however, as in the process, you get sued by the corporation for alleged defamation and ruination of their business. Unlikely? Impossible?

True story for Ellen Perez, living with her family in one of the few remaining agricultural and rural areas in South Florida, located south of Miami in the fragile ecosystem between the Everglades and Biscayne Bay, where all residents and agricultural sites rely solely on well water for drinking and irrigation. As a neighbor of this facility, run by the Ouster Corporation (some name, whos being ousted?) which is owned by a wealthy, politically connected individual and funded entirely from public coffers, Ellen was singled out and targeted by the corporation in what is known as a SLAPP suit (Strategic Lawsuit Against Public Participation, designed to harass, intimidate and punish not only the target of the lawsuit, but also effectively silences others who fear similar actions). No, this is not a Carl Hiassen novel, this is actually happening.

Ouster Corporation has threatened to sue other citizens as well, along with a community group, the media that dared to expose its gamut of violations, and even the local government that lavishly funded the facility (biting the hand that feeds). Failing to silence opposition, employees at the site further subjected neighbors to verbal threats and other such abusive behavior. We cant stand by and let this occur, threatening our freedom of speech and the basic rights of all of us to live in safety.

Ellen and her neighbors fought a long battle to protect their homes and neighborhood and were effective in finally getting due protection from pollution, yet Ellen is paying a personal price. The distress and financial hardship of the lawsuit have been devastating, resulting in mounting legal fees. Your help is needed in this Herculean struggle. The site sits empty at this time, but local officials have been dragging their feet about enforcing an actual clean up, apparently hoping that the contamination will simply go away.

We are very fortunate that Michael Pizzi, a highly respected attorney from the prominent law firm of Bierman, Shohat, Loewy & Klein (100 Best Lawyers in America), and an elected city councilman, has taken on this case, saying 'This guy has sued her in court for pure spite. This is one of the most egregious SLAPP suits Ive ever seen."

Additional help is still needed. Please. Spread this information, contact officials about an investigation and unequivocal clean up of the site, tell your friends or anyone you know who might be helpful, and if possible contribute to the legal defense fund at the attorneys address below. Any amount would be most helpful and greatly appreciated.
Donations:     Bierman, Shohat, Loewy & Klein (memo: Ellen Perez Legal Defense)
         800 Brickell Ave., Miami Florida 33131-2944
To contact Ellen Perez:    305-256-4126; email emcperez@bellsouth.net