The New York anti-SLAPP (Strategic Lawsuits Against Public Participation) statute was enacted in 1992 to prevent public permit holders from using the threat of litigation as a means of harassing, intimidating, or punishing individuals who involved themselves in public affairs by opposing them.

In assessing an anti-SLAPP defense, a court first had to determine whether the plaintiff was “a public applicant or permittee,” defined as “any person who has applied for or obtained a permit, zoning change, lease, license, or other permission from any government body.”  N.Y. Civil Rights Law § 76-a(1)(b).