Holding-therapy suit still alive

PROVO — A judge has refused to dismiss a lawsuit against the creators of an anti-holding therapy Web site who say the main purpose of the suit is to chill their First Amendment rights.

Fourth District Judge James Taylor ruled recently that Alan Misbach and Matt Misbach, who posted information on the Web site — www.kidscomefirst.info — hadn't presented strong or specific enough evidence to compel him to reject a lawsuit against them filed by Laura Thalin and the group Hope For Children, which was affiliated with a now-defunct therapy center that advocated the use of a holding therapy.

In the 2004 lawsuit, Thalin, former director of Hope For Children, the charitable arm of the closed Cascade Center for Family Growth in Orem, contends that Misbach's Web site was defamatory, libelous and should be shut down.

The Web site contained photos and links to news articles about holding therapy, a controversial treatment method for troubled children, as well as a picture of Thalin and information about her past.

Misbach filed a counterclaim. He sued Thalin, Hope For Children and the Cascade Center, as well as the center's now-deceased director Larry VanBloem. Misbach argues the lawsuit was an attempt to quash his free-speech rights.

In late February, Misbach and his attorney, Evan Schmutz, asked Taylor to consider throwing out Thalin's suit on the grounds it was a Strategic Lawsuit Against Public Participation (SLAPP) — specifically designed to prohibit involvement in government.

"He gives his opinion that this lawsuit is intended to 'prevent, interfere with or chill' his participation as a witness and an advocate regarding holding therapy in both hearings before the Division of Occupational and Professional Licensing and at the legislature," Taylor wrote in his ruling issued in 4th District Court.

Taylor ruled that although Misbach worked with DOPL and was involved in lobbying against holding therapy through the Legislature, Misbach's involvement with the Web site was not immediately related to political speech.

"There is, however, no direct evidence presently before the court that would plainly establish that the Web activity was solely or even primarily directed toward the legislation," Taylor wrote in the ruling.

The parties now move closer to a trial, although John Lund, who served as attorney for Cascade Center and VanBloem, said his clients have no money and ending the case would be easier for everyone.

"We've been clear all along that we're ready and willing to just drop this case," he said. "The other side seems to think they want to pursue it."

Lund said they would agree to drop the initial lawsuit if Misbach would agree to drop the counterclaim.