WASHINGTON - A Washington County man worried about the influx of Haitians to his hometown is defending his right to speak freely on the matter, as he faces a defamation lawsuit from a Charleroi business owner who has turned to the migrants to staff his operation.
Andrew Armbruster hopes to employ Pennsylvania's new anti-SLAPP law, a measure that gives defendants in certain cases the opportunity to escape litigation. SLAPP stands for strategic lawsuits against public participation, and anti-SLAPP laws give defendants a First Amendment argument.
David Barbe owns Fourth Street Barbeque, a packer of food products that uses a recruiting firm to recruit and vet immigrants for work. Fourth Street employs more than 1,000 legal immigrants, many of whom are from Haiti, in Charleroi.
The increase has come under a program CHNV Parole, which allows up to 30,000 nationals of Cuba, Haiti, Nicaragua and Venezuela to apply for residence in the United States each month, American Compass reports.
The influx of immigrants in Charleroi gained the attention of President-Elect Donald Trump, who stated during an Arizona rally that Pennsylvanians should keep the 2,000% increase of Haitian immigrants in Charleroi in mind when they vote.
Barbe's lawsuit says Haitians have been unfairly accused of stealing and eating pets and blamed for an increase in crime. One subject of his case is a video Armbruster posted to X that said jobs at Fourth Street used to be held by "native Americans."
Plus, an article in Southwest PA News quoted Armbruster's worries about a "grand scheme to displace and replace American citizens with cheap immigrant labor."
"The unrest in Charleroi, Pa., and many small communities around the country has nothing to do with cats or dogs, or even Haitian..." Armbruster says.
"The real story is about greedy businessmen, corrupt politicians (federal, state and local), NGOs, and warring staffing agencies that compete with each other for control and exploitation of the foreign workers. The number of people profiting from this situation is quite small compared to the large numbers of people who are losing out and being sued."
After Barbe sued Armbruster, Armbruster reiterated his claims in the Charleroi Rambler and said he was organizing a class action lawsuit on behalf of the citizens and workers of the town.
Barbe's defamation claim says he has experienced emotional distress and has received more than 300 threatening phone calls.
"People have called Barbe a traitor and said that he is anti-American," the suit says. "Barbe has been accused of 'importing slave labor from Haiti.' Barbe's employees are 'disgusting, filthy animals who practice Satanic rituals and kill and eat people's pets,'" the lawsuit says.
"People have threatened to burn down Fourth Street's building and facilities."
In response, Armbruster's lawyers filed the anti-SLAPP motion, about five months after Gov. Josh Shapiro signed the bill allowing for them into law. It says Barbe's lawsuit was brought primarily to chill protected public expression.
"Andrew Armbruster's rights to speak to public issues, community members and prevailing wages without ever being accused of mentioning 'Dave Barbe' are an incredible encroachment on everyone in Charleroi's right to free expression on public matters," the motion says.
"Not only are they chilled from speaking about Mr. Barbe, by this lawsuit they are chilled from mentioning the hiring practices of a local employer."
Lane Turturice of Washington represents Armbruster. James and Ryan Cooney of The Cooney Law Offices in Pittsburgh represent Barbe.