Chicago Business Litigation Lawyer Blog
Not every renter loves his landlord. And many people express their feelings, for better or for worse, on social media. However, sometimes what is said on social media can land a person in hot water. Such was the case for one Iowa resident whose social media venting landed him in court as the defendant in a defamation lawsuit that wound its way all the way up to the Iowa Supreme Court. Luckily for the individual, the Iowa Supreme Court held that referring to a landlord as a “Slumlord” was not defamatory but constituted non-actionable opinion.
The plaintiff in the case was Richard Bauer, the manager of the Bauer Apartments located in the small town of Sloan, Iowa. The defendant was Bradley Brinkman, who lived across the street from the Bauer Apartments. The dispute that landed Brinkman in court started out having nothing to do with him at all.
A dog care facility, Pet Perfect, began construction next to the Bauer Apartments. Bauer was concerned that issues would arise from the dogs and their feces due to the outdoor area being constructed. Bauer tried to get the construction stopped. First, he contacted the Sloan City Council. He also contacted the owner of Pet Perfect about his concerns and offered to buy the parcel of land where the facility was being built. The owner refused to sell. Next, Bauer filed suit against the City of Sloan and the city council members claiming they failed to enforce a zoning ordinance in approving the construction of the facility.
During this ordeal, Pet Perfect posted on its own Facebook page about Bauer’s lawsuit and cameras he had installed on the exterior of the apartments. The daughter of Pet Perfect’s owner also posted about the ordeal on her own personal Facebook page. She included in her post a photo of a letter Bauer’s attorney sent to her mother. Several people commented on the post, including Brinkman, who it turned out was a friend of the owner of Pet Perfect. Brinkman’s Facebook comment stated:
It is because of shit like this that I need to run for mayor! [grinning emoji] Mr. Bauer…you sir are a PIECE OF SHIT!!! Let’s not sugar coat things here people. Kathy Lynch runs a respectable business in this town! You sir are nothing more than a Slum Lord! Period. I would love to have you walk across the street to the east of your ooh so precious property and discuss this with me!