A Will County judge recently dismissed a defamation case filed against Homer Glen Mayor Christina Neitzke-Troike, former Will County treasurer candidate Raj Pillai and two local podcast hosts under the Illinois Citizen Participation Act.
Judge Brian Barrett ruled in favor of the four defendants and awarded about $16,500 in attorney fees, which included $7,500 to Pillai and $9,000 to Neitzke-Troike and podcast hosts Justin Virgin and Danny Souri, who were all represented by the same attorney.
The case is expected to be appealed.
Carmen Consolino, of Homer Glen, filed a defamation lawsuit in March against the four individuals based on the podcast “The 815 Has Problems,” hosted by Virgin and Souri, which had Neitzke-Troike and Pillai as guests earlier this year.
The discussions included questions about veterans benefits.
Pillai, a U.S. Navy veteran and former president and current commissioner of the Will County Veterans Assistance Commission, was asked a question concerning veterans’ disability benefits and if disabled veterans qualify for a reduction in property taxes.
During this podcast, the hosts introduced a scenario but did not name Consolino, and Pillai responded, “I do not know the answer to that question,” and said he could check with the veterans service officers.
According to the complaint, Consolino, a Marine Corps veteran is a disabled veteran with a 70% disability rating from the U.S. Department of Veterans Affairs for post-traumatic stress disorder. The complaint alleged that during the podcast, statements were made accusing Consolino of fraudulently claiming an Illinois property tax exemption for disabled veterans and suggesting he was “gaming the system.”
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The lawsuit stated that these accusations are false and that Consolino lawfully qualifies for the Illinois Disabled Veterans Standard Homestead Exemption under state law due to his VA-certified disability rating.
During a separate interview with Neitzke-Troike, the podcast hosts ask about Consolino and whether he was entitled to property tax exemptions. She responded she doesn’t know what his disability is. She said sometimes disabilities are something that can’t be seen on the surface.
Neitzke-Troike also mentioned that Consolino’s wife, Jennifer, a former Homer Glen trustee, has politically attacked her and spread misinformation about her for 10 years.
The lawsuit said Neitzke-Troike and the podcast hosts had a prearranged plan to defame Carmen Consolino.
The lawsuit was announced days before the March Republican primary in which Neitzke-Troike was a candidate for lieutenant governor and Pillai was a candidate for Will County treasurer. Both candidates subsequently lost their primaries.
Attorney Joe Giamanco, who represented Neitzke-Troike, Virgin and Souri, said the podcast is protected free speech, and the case was dismissed under the Citizen Participation Act, which is designed not to stifle free speech through litigation. There was little doubt the lawsuit had a political angle to it, and Barrett reasonably applied the law, Giamanco said.
The 815 Has Problems, recently renamed as the 815 Media Network, has about 34,000 Facebook followers and talks about hyper-local news that can’t always be covered by larger media outlets, Virgin said. The organization features breaking news, investigative reporting and community stories, he said.
“I believe (the lawsuit) was baseless and meant to embarrass candidates and drag us into the fight when we are a news organization,” Virgin said.
After the lawsuit was filed, some people were convinced the podcast hosts defamed a veteran before the court issued a decision, and it was untrue, Virgin said.
The lawsuit “weaponized the court against journalism,” he said.
Souri said the lawsuit was “comical” and “politically-driven,” and said the judge made the correct decision.
“You cannot stifle speech by using law fare,” he said. “At the end of the day, they sued strong-willed people and we banded together. A paper tiger can never go up against a solid force.”
Pillai said he had never met Consolino, and an announcement of the lawsuit was shared on social media in the closing days of the primary, including numerous times by Steve Balich, who served with Homer Township Assessor Carmen Maurella, Pillai’s primary opponent.
Pillai said he doesn’t believe he lost the primary because of the lawsuit, but wants to ensure that political lawsuits don’t happen again.
“I don’t want people to think this is what happens in politics,” Pillai said. “I don’t want people to stop running for office.”
One of the concerns is the chilling effect litigation can have on ordinary citizens who want to participate in public service, Pillai said. He said he had the ability to fight back, but not everyone does.
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“The next candidate, veteran, volunteer, journalist, podcaster or ordinary citizen might look at the cost and decide it’s easier to keep their mouth shut,” he said. “That’s why this matters beyond the four people who were sued.”
The lawsuit was a waste of time and money, Pillai said, saying it could have affected his CPA business.
The Disparti Law Group, which represented Carmen Consolino, released a statement Tuesday, saying they are “deeply disappointed by the Court’s decision and are appealing.”
Consolino enlisted in the Marine Corps in 1988 and completed multiple combat deployments in support of operations in both Iraq and Afghanistan, the statement said. His service left him with post-traumatic stress disorder, a severe, well-documented and federally certified disability, the statement said.
“We stand with our veterans and those who have served our country. We believe they should be honored and revered and not disrespected by those who represent our citizens or want to,” the statement said.
Michelle Mullins is a freelance reporter.