HOUSTON -- A state appeals court granted a nonprofit and one of its directors dismissal in a defamation lawsuit Nov. 26, despite a previous ruling from a lower court that denied their motion to dismiss.
The Texas 14th Court of Appeals reversed the ruling from the Galveston County District Court, siding with Joanie Steinhaus in her individual capacity and Turtle Island Restoration Network in their legal dispute with Beachside Environmental LLC. Beachside first sued Steinhaus and TIRN, alleging defamation per se, tortious interference with contractual relations and tortious interference with prospective contractual relations.
“Appellants established that the TCPA applies to Beachside’s claims and that appellants’ statements were conditionally privileged,” Justice Ken Wise wrote. “Beachside failed to show abuse of the privilege or any element of its tortious interference claims. Thus, the trial court erred by denying the motion to dismiss Beachside’s claims.”
Justices Tracy Christopher and Meagan Hassan concurred.
The judges added that there is no proof that Steinhaus was aware that she had not actually seen Beachside’s alleged actions prior to making the statements that are the topic of the lawsuit. Considering this, there is not any evidence that she knew her statements were not actually true.
“Nor is there any evidence that Steinhaus made the statements with reckless regard for their truth,” Wise added.
Beachside also failed to prove that other parties, other than the local park board and Hernan Botero, which managed Beachside, actually heard the statement.
Beachside failed to prove its claims of tortious interference with contractual relations and prospective relations. The judges wrote that the facts from this claim are the same ones from the defamation claim.
“Beachside has not pointed to any evidence, either in the trial court or on appeal, to support a prima facie case for any element of its tortious claims. Thus, the trial court erred by denying the motion to dismiss these claims,” Wise wrote.
Beachside had been performing beach cleaning and grooming services to residential spaces and condos in the area since 2012. At the same time, the park board cleaned beaches with large equipment. While this called for a federal permit, the park board did not get one until 2017, and it paid roughly $100,000 to do so. The U.S. Army Corps of Engineers provided the park board with the permit but it also included areas that overlapped with Beachside.
The board first gave Beachside permission to do work via the permit for beaches in the area that the board did not cover. Either Beachside or its customers would pay fees in return. The TIRN stepped in as an organization that aims to preserve and protect marine wildlife. Steinhaus, the Gulf program director, has the responsibility of managing the costs in upper Texas as it relates to the preservation of the ocean and its habitat.
The permit calls for TIRN to perform sea turtle patrols in Galveston and to look after animals that could be affected by beach maintenance equipment. The permit says that park board needs to work with TIRN to make sure the beach areas are patrolled regularly during sea turtle nesting season.
Still, their agreement ran into problems after Beachside alleged that the appellants made defamatory statements that Beachside was “out more frequently raking the beach and not leaving the [w]rack line that is required,” according to the opinion.
Beachside also argued that the appellants said that it has yet to have a sea turtle monitor on the beach when Steinhaus was monitoring it. Steinhaus also allegedly called Beachside and wanted to know why there was no monitor on the beach. Beachside sued, and Steinhaus and TIRN filed a motion to dismiss, which was denied, sparking the appeal.