The case of Gmina Niebylec vs Bart Staszewski
On 27.04.2022. The Regional Court in Rzeszów, without holding a hearing, in a closed session issued a ruling dismissing all evidentiary applications in the case from the lawsuit of the Gmina Niebylec against Bart Staszewski.
A request was made for the court’s ruling to be prepared and delivered with a statement of reasons.
„We have received the reasoned judgment in which the court indicates, among other things, '[…] in December 2020, the defendant placed a photo with a sign indicating an LGBT-free zone next to a sign with the name of the town Niebylec – the issue of LGBT rights was widely discussed in Poland and abroad. The content of these articles unequivocally identified Poland as a homophobic and intolerant country. The evidence presented by the defendant clearly indicates that foreign politicians had already expressed a critical opinion regarding resolutions on zones free from LGBT ideology […] even before the defendant placed the photo with the Niebylec Municipality sign as an LGBT-free locality.’ Furthermore, we read in the justification, '[…] the plaintiff did not demonstrate that, as a result of the actions taken by the defendant on December 20, 2020, there was an effect in the form of the loss of social trust or the „deterrence” of tourists, investors, or strategic partners of the Niebylec Municipality.’ The court then indicates, 'Undoubtedly, however, the defendant’s actions contributed to the dissemination of information about resolutions adopted by municipalities and cities against LGBT ideology […]. According to the Court, the defendant’s actions could not have triggered negative assessments and loss of trust for the plaintiff’s Municipality in the eyes of an average, reasonably thinking recipient because for a reasonable recipient, this process began earlier, i.e., from the date when the Municipality Niebylec adopted the resolution on September 25, 2019, and potentially this date should be associated with the effect in the form of the creation of a negative image of the Niebylec Municipality in the public perception, which is also confirmed by the decisions of the Administrative Court in Rzeszów overturning the challenged resolution of the Niebylec Municipality […]’
The court’s decision was issued during a closed session, thereby limiting any possibilities for the plaintiff – Niebylec Municipality – to supplement the evidentiary material during the trial, for example, by examining witnesses in the presence of the court and the defendant, or conducting an examination of the defendant, who, when testifying in court, would have to respond to questions posed by the municipality’s legal representatives. The procedural mode applied by the Rzeszów Court – a closed session – resulted in the court single-handedly issuing a judgment stating that Bart Staszewski did not violate the personal rights of the municipality.
Due to the controversial ruling of the Rzeszów Court and the equally incomprehensible reasoning of the judgment, an appeal will be filed in this case.”
"The closed session of the court in the case of the lawsuit filed by the Municipality of Niebylec against Bart Staszewski."
Warsaw, May 6, 2022
Closed court session regarding the lawsuit filed by the Municipality of Niebylec against Bart Staszewski.
The Regional Court in Rzeszów dismissed all evidentiary motions in the case of the lawsuit filed by the Municipality of Niebylec against Bart Staszewski and, without conducting a trial, issued a judgment dismissing the claim in a closed session. Niebylec Municipality, nor Reduta, is aware of the reasoning behind this decision. At this moment, we have requested the preparation and delivery of the justification for this unusual judgment to file an appeal.
The case revolves around signs hung by activist Bart Staszewski reading „LGBT-Free Zone.”
Bart Staszewski’s action involved reaching out to municipalities that boldly stood up for values and families, where the activist placed his sign – deceptively resembling official markings – with the false inscription „LGBT-Free Zone.” He then photographed himself against these signs and shared the photos online, thereby exposing local governments, residents, and Poland to serious losses, not only in terms of reputation.
„We are astonished by the judgment, or rather its procedure – by dismissing all witnesses in a closed session, the single judge declared that Bart Staszewski did not violate the personal rights of the Municipality. Unbelievable!” – says Maciej Świrski, President of RDI. „We do not surrender; we will continue to fight and will undoubtedly file an appeal in this troubling matter. As a factual obligation, we must add that Judge Brygida Gradkowska-Ferenc, who issued the judgment on behalf of the Republic of Poland, is a member of the Association of Polish Judges 'Iustitia’ and serves in the supervisory body of its Rzeszów branch. Information about Judge Brygida Gradkowska-Ferenc’s affiliation with the Association of Polish Judges 'Iustitia’ Rzeszów branch is confirmed by the National Court Register (KRS 0000293133), which indicates that Judge Gradkowska-Ferenc is a member of the supervisory body of the association.” – adds Maciej Świrski
It is worth noting that Bart Staszewski’s action was a subject of discussion in Brussels, and supportive circles have endeavored to apply all possible measures against Poland to punish our country for alleged discrimination against individuals belonging to sexual minorities. Thus, the „LGBT-Free Zone” campaign not only harms specific municipalities but also causes damage to Poland and the entire Polish society. It must be strongly emphasized that there are and were no „LGBT-Free Zones” in Poland.
„In our assessment, in the situation of Russian aggression against Ukraine and the direct threat to Poland (as evidenced by threats from official factors of the Russian state), Bart Staszewski’s action and his efforts to discredit Poland as a state with apartheid against so-called 'LGBT people’ can be perceived as a threat to the security of the state. It must be strongly emphasized that there are and were no 'LGBT-Free Zones’ in Poland.” – stated the President of Reduta Dobrego Imienia.
Polish League Against Defamation has decided to legally support the stigmatized local communities in their fight for a good reputation. Currently, lawsuits against Bart Staszewski have been filed by the municipalities of Zakrzówek and Tuszów Narodowy. In those cases, the courts are conducting normal evidentiary proceedings. In May 2022, the trial of the lawsuit by the Municipality of Tuszów Narodowy against Bart Staszewski will take place at the Regional Court in Tarnobrzeg. Adam Bodnar, former Commissioner for Human Rights, will testify in this case.
"THE MUNICIPALITY OF NIEBYLEC STILL HAS SECURITY. THE COURT DISMISSED BART STASZEWSKI'S APPEAL."
Dated July 14, 2021
Polish League Against Defamation supports Polish municipalities in their fight against the deceptive „LGBT-Free Zone” campaign led by activist Bart Staszewski.
CASE OF THE MUNICIPALITY OF NIEBYLEC
Bart Staszewski’s representatives filed an appeal in March this year against the decision to provide security to the Municipality of Niebylec, challenging the entire decision issued by the Regional Court in Rzeszów on February 3, 2021.
The Regional Court in Rzeszów considered the plaintiff’s request, and in June of this year, it decided to dismiss Bart Staszewski’s appeal, thereby upholding the court’s decision that the Municipality of Niebylec is entitled to security. This security order instructs Bartosz Staszewski to post the statement on his websites, Facebook, Twitter, and Instagram during the course of the trial for the infringement of personal rights: „In connection with the content posted on this website regarding the Municipality of Niebylec, legal proceedings are underway at the request of the Municipality of Niebylec against Bartosz Staszewski for the protection of personal rights before the Regional Court in Rzeszów.” According to the court order, the statement must be published in a way that any person entering these websites will see it immediately.
In this matter, it is essential that the Rzeszów Court did not accept Bart Staszewski’s arguments and upheld the earlier decision, preventing the defendant from disseminating information falsely claiming the existence of „LGBT-Free Zones” in Poland.
Consistent and legal actions yield results. Court decisions confirm that the fight is justifiable until victory is achieved. Court rulings build our conviction that seeking the truth through legal means for slandered local governments is arduous and time-consuming, yet it is worth taking such steps, as it provides an opportunity to counteract Bart Staszewski’s spread of false information, which tarnishes the reputation of both municipalities and Poland.
A crucial aspect in cases against Bart Staszewski is the threat arising from his deceptive campaign involving signs reading „LGBT Free Zone.” The actions of the plaintiff demonstrate how easily disinformation can be spread, accepted by part of the public as factual. The overwhelming majority of recipients may not bother to verify whether the presented information is true and, by default, believe that „LGBT-Free Zones” exist in Poland.
Confirmation of the harmful effects of Bart Staszewski’s actions is evident in the discussions taking place in the European Parliament, where Poland has been portrayed as a country persecuting non-heteronormative individuals based on false images of signs with „LGBT Free Zone,” authored by Bart Staszewski. On the European stage, we must confront fierce accusations directed at us – Poles, which are blatant falsehoods.
There are no „LGBT-Free Zones” in Poland – this is an undeniable fact.
Nevertheless, faced with the repeated lie about allegedly existing „LGBT-Free Zones,” we must take action to counter this false narrative. Therefore, we will vehemently defend the good name of Poland and Poles against the construction of unfounded accusations that do not align with reality.
We presented an analysis of the mechanism of tarnishing Poland’s image and, consequently, weakening our country’s position internationally and its impact on our security in the Report „Chcesz pokoju – szykuj się do wojny” („You want peace – prepare for war”).
The report is available here:
Let’s recall:
The first request for security for the Municipality of Niebylec was rejected by the court. The Municipality decided to submit a renewed request for security. The local government and Reduta disagreed with the first decision of the court in Rzeszów and its justification. Mayor of the Municipality of Niebylec, Zbigniew Korab, protested against media insinuations suggesting defeat, stating that the court’s decision does not end the matter and announced further legal battles.
The second request within the lawsuit for the protection of personal rights was successful, and the court fully supported our argumentation.
We will keep you informed about the progress in this matter.
"Polish League Against Defamation is still in action! Bart Staszewski must publish a statement."
Dated February 10, 2021
After yesterday’s legal success related to restoring the good name of the late Edward Malinowski, the heroic village head from Malinowo, and the court order for Professor Barbara Engelking and Professor Jan Grabowski to apologize to Ms. Filomena Leszczyńska, another piece of good news has come from the courtroom.
You all vividly remember Bart Staszewski’s case and the so-called „LGBT-Free Zones.” You know that, thanks to your engagement and financial support, RDI provides legal assistance to Polish local governments where he conducted his „actions.” We support these municipalities and stand with them until victory!
This time, the good news comes from Rzeszów. The local court there issued a ruling, acknowledging that the Municipality of Niebylec is entitled to protection. The court ordered, during the trial for the infringement of personal rights, Bartosz Staszewski to post a statement on his websites, Facebook, Twitter, and Instagram: „In connection with the content posted on this website regarding the Municipality of Niebylec, legal proceedings are underway at the request of the Municipality of Niebylec against Bartosz Staszewski for the protection of personal rights before the Regional Court in Rzeszów.” According to the court order, the statement must be published in a way that any person entering these websites will see it immediately.
Reduta Dobrego Imienia has been supporting the Municipality of Niebylec from the beginning in the fight for the protection of personal rights. The Municipality decided to submit a renewed request for protection. The local government and Reduta disagreed with the first decision of the court in Rzeszów and its justification. Mayor Zbigniew Korab of the Municipality of Niebylec protested against media insinuations suggesting defeat and stated that the court’s decision does not end the matter, announcing further legal battles.
The public was informed about Staszewski’s actions, reaching out to municipalities that bravely defended values and families. There, he placed his sign with the false inscription „LGBT-Free Zone” alongside the name of the locality, deceptively resembling official markings. He then photographed himself against these signs and shared the photos online, exposing local governments, residents, and Poland to serious not only reputational losses.
Reduta Dobrego Imienia has decided to legally support stigmatized local communities in their fight for a good name. One of the municipalities that chose to take Bart Staszewski to court is the Municipality of Niebylec. The first step was to file a request for protection, preventing the defendant from such actions. Unfortunately, the court in Rzeszów dismissed this request, including what RDI considers a bizarre argumentation in its justification. The second request within the lawsuit for the protection of personal rights was successful, and the court fully supported our argumentation.
Polish League Against Defamation acts consistently and in accordance with the law. This brings results, as evidenced by the court’s protection order. In every case, we will fight until victory. Rest assured!
Today’s and yesterday’s victories were only possible thanks to your support and financial donations. Thank you very much for that! At the same time, I kindly remind and inform you that we have launched the campaign: „Mrs. Filomena fights for the truth.” I sincerely ask for your participation and for spreading this form of regular support for our initiatives, also among your friends, relatives, and acquaintances.
With respect,
The Polish League Against Defamation Team
"Bizarre ruling of the Regional Court in Rzeszów"
Warsaw, December 29, 2020
Shocking excerpts from the justification in the case of Bart Staszewski – the Regional Court in Rzeszów writes in the justification about the anniversary of the so-called „Baptism of Poland” (original spelling) and indicates that the expression „ideological war” stigmatizes… LGBT individuals.
The Reduta Dobrego Imienia (Guardians of Good Name) serves every day, standing guard over truth and the most essential values. Without a doubt, the protection of personal rights of individuals and institutions wrongly accused by self-proclaimed defenders of so-called freedom is close to each of us.
Public opinion was shaken by the campaign of Bart Staszewski, widely covered by unfriendly Polish social media, who reached municipalities that boldly stood in defense of Polish families and fundamental values. There, under the name of the respective locality, he placed his sign – deceptively resembling official markings – with the untrue inscription „LGBT-Free Zone.” He then photographed himself against these signs and shared the photos on the Internet, thus exposing municipalities, residents, and Poland to serious reputational losses.
THE FULL CONTENT OF THE BIZARRE JUSTIFICATION OF THE REGIONAL COURT IN RZESZÓW IS AVAILABLE AT THE END OF THIS INFORMATION IN THE FORM OF SCANS.
The Reduta Dobrego Imienia decided to legally support stigmatized communities in their fight for a good reputation. One of the municipalities that decided to take Bart Staszewski to court was the Niebylec Municipality. The first step was to file a request for securing, i.e., removing incriminating content and preventing the defendant from further such actions.
The court dismissed this request and included, in our opinion, an extraordinary argumentation, even by the standards of Polish jurisprudence.
The Regional Court in Rzeszów writes that „… in the attachment to the adopted resolution […], explicit support for the idea of a municipality free from the 'LGBT’ ideology was declared – ultimately emphasized with lofty references to national and state traditions, including the then celebrated 1053rd anniversary of the so-called 'Baptism of Poland,’ the centenary of regaining independence, and 29 years since the establishment of local government in Poland at the commune level” (original spelling according to the Regional Court in Rzeszów).
Moreover, the court acknowledged that in the resolution of the Niebylec Municipality, „individuals with views different from those of individual members of the municipal council were portrayed in an unfavorable light, going so far as to use stigmatizing terms such as 'ideological war.’ This means that, according to the Regional Court in Rzeszów, the expression 'ideological war’ stigmatizes LGBT individuals and is – presumably – a form of 'hate speech’ against this group of people.
„I am shocked that in free Poland, a Polish judge can write about the so-called 'Baptism of Poland.’ Even in the times of the People’s Republic of Poland (PRL), communists did not question the fact of Mieszko I’s baptism. Meanwhile, a judge from Rzeszów not only writes about the 'so-called’ Baptism of Poland but also puts the expression 'Baptism of Poland’ in quotation marks as if it were some ironic expression or metaphor. Not to mention that the judge – a person, in principle, educated and familiar with the rules of the Polish language – considers the expression 'ideological war’ as stigmatization of homosexual persons. Honestly, I don’t know what the court’s reasoning was to draw such a conclusion,” says Maciej Świrski, President of the Reduta Dobrego Imienia.
It should be noted that initially, the court returned the request, claiming that no claims or the scope of claims were demonstrated. After indicating to the court that information about future claims is on the 2nd (literally: second) page of the request and starts with the words „In future proceedings for the protection of personal rights, the Niebylec Municipality will demand” the following claims, which – for ease of reading – were bolded and bulleted, the court decided to deal with the case.
Moreover – worth mentioning – the municipality’s request was filed before Bart Staszewski hung up the „LGBT-Free Zone” signs in the Niebylec Municipality, and therefore, to prevent such actions, the court was contacted. In the request, it was written that, while in the town of Lubaczów, Bart Staszewski recorded a video in which he only announced placing the sign in the Niebylec Municipality, and as of the filing date of the request, the sign had not yet been placed – hence the request was justified.
However, the court indicates in the justification that the municipality… did not provide evidence that Bart Staszewski hung up signs in the Niebylec Municipality.
„I have an irresistible impression that the judge superficially read the request and did not familiarize himself with the entire argumentation and factual situation,” adds Maciej Świrski.
In conclusion, it should be emphasized that the justification also contains passages that indicate that the court is aware that such actions by Bart Staszewski and presenting the municipality as a discriminating entity „in essence may raise justified suspicions and, as a result, lead to a loss of trust and a good reputation, as well as induce a flow of investments and grants, both domestic and foreign – which, in consequence, may harm the good name of the municipality.”
We publish the full justification on our website rdi.org.pl so that citizens can draw their own conclusions.
It should also be questioned where Bart Staszewski obtained the content of the ruling since relevant legal provisions do not authorize the court to inform the obligated party (i.e., Staszewski) about receiving the ruling. We will inquire about this with the Regional Court in Rzeszów.
Further actions in this matter will be undertaken by the Reduta Dobrego Imienia, and we will inform you about them as they unfold.
At the same time, we would like to remind you that the Reduta Dobrego Imienia is an institution entirely financed by donations and contributions. We kindly ask for support for our activities.
Contact:
Polish League Against Defamation Team kontakt@rdi.org.pl +48 22 414 26
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