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By Larry O'Dell The Associated Press October 29, 2014
RICHMOND
The right to speak anonymously on the Internet will be compromised if a carpet cleaner succeeds in unmasking the identities of critics who posted negative reviews online, a lawyer for the Yelp Inc. business review website told the Virginia Supreme Court on Tuesday.
In a closely watched Internet free-speech case, a judge held Yelp in contempt for failing to comply with Hadeed Carpet Cleaning's subpoena for identifying information about seven reviewers. San Francisco-based Yelp appealed, arguing that the ruling violates its users' First Amendment rights.
The justices are expected to rule in January.
The Alexandria rug-cleaning business filed a defamation lawsuit in 2012 claiming its reputation was stained by seven people who said in Yelp reviews that they were overcharged. Hadeed suspects the critics are not actual customers but was unable to determine that for certain based on the limited information it could glean from the Internet postings to compare with its customer database.
Paul Alan Levy, an attorney for Yelp, argued that suspicion alone is not enough to strip reviewers of anonymity.
"There has to be evidence of wrongdoing before you impose on the constitutional right to speak anonymously," Levy said.
The Reporters Committee for Freedom of the Press and other media organizations supported Yelp's position in a friend-of-the-court brief.
"The products we use, the services we employ and the places we visit are highly personal, and an effective review system can only exist where those reviewers are unnamed and free to speak openly about their experiences," the organizations wrote.
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Virginia justices consider unmasking Yelp reviewers
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It's not easy for Jenna Cataldo to fall asleep, even after her long overnight nursing shifts at Johns Hopkins Bayview Medical Center.
The heavy construction outside the front door of her Charles Village rowhouse have ensured that, she said leaving her with only a couple of hours of shut-eye on some days.
The 28-year-old burn unit nurse lives in one of the pastel-colored rowhouses on the short block of East 26th Street between St. Paul and North Charles streets that collapsed in a large landslide after heavy rain six months ago.
Residents of the street were evacuated but allowed to return in early June. Since then, they have lived adjacent to a construction zone that is active with beeping vehicles and loud noise six days a week, residents said. Diesel engines sometimes roar to life as early as 3 a.m.
"I know they have to fix the street I don't want it to further implode but it's been a very long-winded project," Cataldo said. "We're all just sick of the construction."
"Sunday is the only day you get to sleep in," said Sarah Spurry, 22, another resident of the block.
City officials said Wednesday that they appreciated the residents' patience and that the worst should be over soon. Barring any unexpected surprises, the majority of construction should be complete by the end of the year, said Scott Weaver, the city Department of Transportation's chief of bridges, who is overseeing the project.
Final work repaving the street and installing new sidewalks will have to wait until the spring, but the street should appear relatively whole and the new retaining wall holding the street above the parallel cut of railroad tracks should be in place by Christmas.
"They should be able to park their cars there through the holidays, have their families visit through the holidays," Weaver said.
On Wednesday, two large cranes were busy lifting construction materials off the street and down into the railroad cut, including large amounts of mixed concrete.
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Six months after Charles Village street collapse, residents bemoan ongoing construction
PALMER TWP., Pa. -
There were more questions than answers Tuesday night when Palmer Township officials were questioned about an apparently shoddily constructed retaining wall in the Villages at Mill Race Townhouses that does not appear on any municipal documents, yet the project received township approval.
The supervisors got an up-close look at the material the original contractor used to build the wall in 2003, including a 50-pound capstone that Linda Beaumont, a member of the homeowners association, brought to the meeting, along with other construction items she said were substandard.
David Colver, president of the board of supervisors, said the township is aware of the problem and admitted the wall, which Beaumont said will cost at least $60,000 to rebuild, does not appear on any plans the township approved at the time.
Sorry but it happened, Colver told the group.
He said the township is willing to pay for a small piece of the work in an area where the township has a parking lot.
Some residents blamed the township for failing to do its job in enforcing codes and regulations on the developer at the time.
Charles Bruno, the townships solicitor, said business entities were probably created solely for the Mill Race project and once it was completed, they probably ceased to exist.
There is no one to sue or make them tear it down or rebuild, Bruno said.
The supervisors tabled any action on what Beaumont called the mystery wall, which apparently started falling apart about two years ago.
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Legal questions swirl in Palmer around the ?mystery wall?