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Westfall gets $12K bill
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A U.S. District Court has ordered City Councilwoman Donna Westfall to pay $12,062.56 to the City of Crescent City as reimbursement for legal fees incurred when she unsuccessfully tried to sue the city last year and this year. Westfall’s liability comes courtesy of the state’s Anti-Strategic Lawsuit Against Public Participation statute (anti-SLAPP), a 20-year-old law enacted to protect free speech rights from meritless lawsuits. Ironically, Westfall’s suit alleged that the city trounced on the First Amendment when fellow council members censured her for an ethics violation after she claimed corruption in connection with the expansion of the wastewater treatment plant. Her case against the city was dismissed, twice. U.S. Magistrate Judge Nandor Vadas first dismissed the suit last May, but since Westfall was representing herself, she was given the opportunity to amend her complaint. On Sept. 9, the judge ruled that Westfall’s amended suit still failed to prove that the censure violated her rights. Of the total she now owes the city, $6,432 covers the city’s legal expenses racked up during this second amended complaint. As early as October 2010, Westfall was warned that she would be subject to mandatory attorney fees if the city’s anti-SLAPP motion came through, according to court documents. At the time she responded, “Life is not risk free ... I truly understand what risk means.” Westfall had no comment this week on the recent ruling. While the restitution puts a dent in the city’s court costs, the total tab is still uncertain. A representative of the Sacramento firm representing Crescent City, Angelo Kilday & Kilduff, said the final bill is still being tabulated. Reach Emily Jo Cureton at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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