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Lawsuit Abuse Awareness Week sparks disagreement

BY JOHN D. HOMAN, The Southern

Friday, October 10, 2008 11:11 PM CDT

MARION - The last thing Travis Akin expected Friday morning was a disagreement with one of his supporters, Marion Mayor Bob Butler.

But that's what he got when asked if he thought the lawsuit filed by Marion attorney Ron Osman on behalf of P&S Grain, arguing against the constitutionality of the 1 percent countywide sales tax increase approved last February, was a frivolous suit.

Akin answered yes to the question at the press conference he called in front of the Williamson County Courthouse to discuss Lawsuit Abuse Awareness Week.

"To me, it is," Akin said, referring to the lawsuit qusetion. "Voters had ample time to consider it. As a resident, I voted on the proposition. I never viewed it as a general election question. The court shouldn't be used for a political purpose like that."

Akin continued, "This is a clear example of a frivolous lawsuit. It's just going to cost the taxpayers more dollars."

Butler, along with West Frankfort Mayor Marion Presley, attended the press conference in support of Akin.

But Butler, who vehemently opposed the countywide sales tax increase, quickly voiced his opinion on the matter.

"I disagree with the characterization of the lawsuit as frivolous if one thinks it (the referendum) was unconstitutional," Butler said. "This is an honest question about constitutionality. It's not responsible to say this lawsuit is frivolous. The law may not have been properly conducted."

The mayor said his idea of a frivolous lawsuit is when someone stumbles over a sidewalk or stair steps and files a suit against the city or county.

Akin stood his ground. He said he couldn't understand why objections weren't raised much earlier in the process instead of three months after the election. He thought it was much like grasping at straws simply because the outcome of the vote didn't go the plaintiff's way.

Akin said the biggest concern the state has with unneeded lawsuits is the personal injury lawyer who has aggressively advertised through the media, encouraging citizens to sue if they feel they have been wronged in any way.

"In these difficult economic times, Illinois needs to be a magnet for jobs, not lawsuits," Akin said.

Presley said he has witnessed his share of unnecessary lawsuits in his town.

"We have so many workers' compensation claims that have been filed that we can hardly pay our premiums now," Presley said.

Butler said there is obviously a serious lawsuit abuse problem in Illinois, but Akin and I-LAW, a leading grassroots legal watchdog group, is fighting back on the behalf of municipalities.

"They're working to inform citizens about the importance of this issue, and I commend the organization for its hard work in exposing a very serious problem."

john.homan@thesouthern.com

351-5805