Jersey Journal, March 21, 2003

Dear Editor:

On January 15, 2003, Stevens Institute of Technology filed a lawsuit against the Fund for a Better Waterfront (FBW), its President and Executive Director. Stevens’ complaint alleges defamation. We believe this is a frivolous lawsuit and its actual purpose is to intimidate and silence critics of the university as it moves forward with its plans to expand its campus to the waterfront. Stevens' development plans are in opposition to FBW's goal of completing Hoboken's continuous, public waterfront park. This unprecedented attack by a school of higher education on the First Amendment of our Constitution should concern everyone, for it strikes at the very heart of our democratic, open society. If Stevens Institute succeeds in chilling free speech and public debate in our community, we will be robbed of a fundamental right that is constitutionally protected and the future of our waterfront will be adversely impacted.

This lawsuit is part of a larger campaign launched by Stevens Institute ten months ago to discredit and demonize FBW and its leaders. To further prove its absence of scruples, Stevens has also sought to undermine FBW's funding. In May 2002, one of Stevens’ attorneys wrote a letter to a number of foundations that fund FBW, erroneously claiming that our organization is suffering from dwindling support and insinuating that we are a "cult." Various letters to local papers came forth from Stevens' administrators and consultants laced with personal attacks and false accusations. A defamatory e-mail was circulated by a consultant to Stevens depicting FBW's Executive Director as a "front man" for a "murky" hedge fund and discounting the asbestos hazard as a "bogus story." Recently, the Director of University Relations for Stevens issued a statement to the press clearly intended to smear our organization and whitewash the university’s role in the asbestos hazard.

Contrary to what Stevens claims, FBW is a vital organization that has grown steadily over its 12 year history. In the past two years, individual contributions from area residents more than doubled reaching an all-time high. FBW's Board of Directors plays an active role in the organization, reviewing all projects and closely monitoring its fiscal affairs on a regular basis. Many volunteers supplement the efforts of FBW's two part-time staff. FBW is currently in full compliance with all state and federal reporting requirements. Our organization is totally dedicated to its public interest mission of securing the Hudson River waterfront for the public's use and enjoyment for generations to come. FBW devotes none of its staff time or funds for political purposes, which would be a violation of its charter.

Stevens' lawsuit charges that statements made more than ten months ago by FBW regarding the asbestos were defamatory. Our lawyers say there is absolutely no basis for this claim of "defamation." FBW spoke out because it was concerned about the potential health risks posed by Stevens’ excavation of some 35,000 tons of serpentine rock that contained naturally occurring asbestos. After FBW lodged a complaint with the local health department, public officials forced Stevens to hydrate the site, cover the trucks hauling the serpentine rock, supply the City with daily air monitoring reports and take the asbestos rock to a landfill approved for that purpose. Although we felt the government should have done more, these measures made for a much safer operation as borne out by a comparison of the air monitoring results before and after. FBW did the responsible thing and we are confident that the Court will agree.

For more information, please visit our website, www.betterwaterfront.org.

FBW Board of Directors