'Amityville Horror' Libel Claim SLAPP-ed
A Los Angeles judge has ruled against the former owner of the haunted house featured in "The Amityville Horror," finding that George Lutz cannot sue the producers over how he was portrayed in the remake of the cult 1979 movie.
The remake "is an activity of widespread public interest" that "falls within the purview of the anti-SLAPP statute," Superior Court Judge Rolf M. Treu said in an
order granting a motion to strike Lutz's claim for libel and slander.
Treu also held that a 1978 agreement between Lutz and the producers of the original movie applied to the remake. The agreement precluded Lutz from claiming that "anything in the Picture" was defamatory.
Lutz's account of his family's paranormal experiences in a Long Island, N.Y., home inspired the 1977 book "The Amityville Horror." The movie remake, produced by Dimension Films and others, was released earlier this year.
In suing for defamation, Lutz alleged the film falsely portrayed him as a "homicidal maniac" who, among other things, kills his dog with an ax and tries to drown his wife. He also said the 1978 deal "only applied" to the original picture.
In September, True tentatively denied the anti-SLAPP motion, saying the defendants had not shown they were beneficiaries of the agreement. But after taking judicial notice of documents submitted by the defense, he later found the defamation claim is "barred by the release and covenant not to sue."
The documents came from separate federal court litigation over the rights to the remake.
The anti-SLAPP dismissal does not affect a breach-of-contract claim against Dimension Films for failing to pay Lutz $50,000 once the remake earned $10 million at the box office.
11/7/05