Holy Defamation, Batman! They Tossed My Libel Suit!

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By: Mark Fitzgerald Batman sidekick Robin the Boy Wonder took on the wrong opponent when he went to court against The Press-Enterprise in Riverside, Calif.

Burt Ward, who played Robin in the 1960s "Batman" television series, sued the Press-Enterprise (Click for QuikCap) and reporter Paige Austin last November for defamation over an April 2003 article that reported a regional water board was investigating the possibility that his wife's Great Dane Rescue Center was the source of polluted water runoff.

But a Riverside County Superior Court judge tossed the libel suit, ruling in favor of a Press-Enterprise motion to dismiss on the argument that California law prohibits so-called "SLAPP" (Strategic Lawsuit Against Public Participation) that inhibit free speech, the newspaper reported in an article written by Mike Kataoka.

The article quoted Maria De Varenne, Press-Enterprise editor and vice president/news, as saying the dismissal vindicated the paper's reporting: "The court said what we have been saying for months: Paige Austin's stories presented a true report for our readers about the Santa Ana Regional Water Quality Control Board's investigation into the water runoff issue."

It also quoted Paul Hoffman, an attorney for Ward, as saying the libel suit was the strongest he'd seen in 30 years of practice. Hoffman said the actor would appeal the dismissal.

The investigation was prompted by a complaint from a neighbor that "dog excrement from Ward's property was being hosed off onto adjoining land," the newspaper reported. Ward and his wife were never cited for a violation, but voluntarily installed a pipeline to direct runoff into a septic tank, the Press-Enterprise reported.

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