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TOWNSHIP SUPERVISOR CANDIDATES SUED FOR DEFAMATION

A new and impacting lawsuit was filed in Montgomery County last week.  Donald Thomas and Colleen Eckman, the Republican nominees for Lower Providence Township Supervisor positions in the November 2009 election, were sued for defamation in a detailed 17 page Complaint filed by William F. Fox, Jr., Esquire on behalf of his client, J.P. Mascaro & Sons and two of its officers.

The lawsuit seeks damages, including punitive damages, from Thomas and Eckman for false and defamatory statements they made in a last minute “smear campaign mailer” sent to Lower Providence Township homes days before the May 19, 2009 primary election.
Also named as Defendants are the Thomas-Eckman political committees and their officers, Christopher DiPaolo, Mary Ralston and Kathleen Eskie, as well as additional unknown and unnamed committee members.

Among other things, the Complaint charges that the mailer defamed J.P. Mascaro & Sons by maliciously and falsely stating that the corporation made contributions to a political campaign which is a crime under the Pennsylvania Election Code.  By law, corporations are prohibited from making political contributions.  According to Fox, “Under Pennsylvania Defamation Law, one who falsely accuses another of criminal conduct is guilty of libel per se.”  The Complaint asserts that the mailer falsely states that J.P. Mascaro & Sons, as a corporation, made substantial contributions to the “Dininny-Dougherty campaign” when the Thomas-Eckman Defendants knew for a fact that the Mascaro corporation did not contribute any money, whatsoever, to that campaign.

The Complaint also charges that the mailer also falsely accused two other companies of illegally making corporate contributions and falsely accused the “Dininny-Dougherty campaign” of illegally receiving corporate contributions, both of which would be crimes under the Election Code if true, but the Thomas-Eckman Defendants knew the accusations to be false.

Mascaro company president, Pat Mascaro, said, “This lawsuit is not about our company receiving money.  In fact, we will donate any money received from this lawsuit to a worthwhile charity.  Rather, this lawsuit is about preventing ‘win at all cost politicians’ from lying about others and from using smear campaign mailers that contain outright lies.”

In addition to the defamation Complaint, it is likely that Don Thomas and his political committee will be called upon to answer serious Election Code violations regarding the illegal receipt of thousands of dollars of campaign contributions.  Such violations constitute criminal conduct under the Election Code and are often referable to the District Attorney’s Office for prosecution.

Fox added, “The Thomas campaign has a lot of nerve to falsely charge the Mascaro corporation and other innocent parties of criminal conduct, when it is Thomas himself and his political committee that have seriously violated the Election Code by conduct which is punishable as a misdemeanor criminal offense."