The Vermont Supreme Court has thrown out a 2019 temporary no-stalking order against a Stowe-based Republican political strategist and writer.
In 2018, Stowe resident Paige Hinkson, the wife of former Inntopia COO Craig DeLuca, filed a civil stalking complaint against fellow Stowe resident and GOP strategist Stuart Stevens.
Stevens says the stalking lawsuit was part of a legal strategy to discredit him in the wake of publicity over DeLuca’s alleged sexual misconduct with two female job candidates, including Stevens’ partner, Lisa Senecal, and another woman, who DeLuca allegedly locked in an office and propositioned for sex.
On Friday, the high court reversed the no-stalking order that required Stevens to remain 300 feet away from Hinkson at all times, with a 3-2 split decision.
The no-stalking order expired July 1, 2019. At that time, a court denied Hinkson’s request to extend it.
In a statement to VTDigger, Stevens said he’s glad the high court reversed the decision but feels that from the beginning the case wasn’t really about him.
“This decision ends any litigation relating to this situation. I am pleased the Supreme Court reversed and vacated an improper ruling,” Stevens said. “In this case, I was accused of supporting both women. I only wish I could have done more and hope in the future, their courage will make it easier for other women and their supporters.”
Stevens was a key advisor in Sen. Mitt Romney’s 2012 presidential run against incumbent Barack Obama. Stevens has joined forces with the Lincoln Project, a super PAC run by Republicans who believe President Donald Trump is unfit for a second term in office.
In her lawsuit, Hinkson alleged that Stevens called her multiple times, sent “disturbing books” about the impact of rape on women to her home, and wrote opinion pieces for the Stowe Reporter and other media about the #Metoo movement in support of Senecal and Allison Miley, both of whom were harassed by Hinkson’s husband. The articles caused Hinkson to feel threatened.
In the majority opinion, authored by Justice Beth Robinson, the three judges wrote that Hinkson did not provide enough evidence that Stevens’ alleged “monitoring” and “threats” rose to the state’s definition of stalking.
“We reiterate that our decision, in this case, is based on our consideration of the acts in context,” Robinson wrote. “It should not be read as establishing a rule that repeated phone calls, book deliveries to a person’s home, or email communications could never be part of a course of conduct.”
Stevens told the court he called Hinkson’s number because it was the business line to her and DeLuca’s company, Transegy, a management consulting firm, records show.
Stevens and his attorneys also argued he sent the books, which included a Ms. Magazine essay collection on rape and Jon Krakauer’s “Missoula: Rape and the Justice System in a College Town,” to DeLuca as Stevens thought the books might be “helpful” to DeLuca in the wake of two complaints of sexual misconduct that were levied against him.
From the start of the stalking allegations, Stevens has flatly denied the claims and his lawyers have said Hinkson’s suit is retribution for Stevens’ support for women who came forward with allegations of sexual misconduct against Hinkson’s husband.
“Two years ago, two brave women came forward and took a stand for decency and respect for women,” Stevens said. “They faced three law firms and a public relations firm hired to discredit and attack them. They refused to be intimidated and today there is a judgment for sexual harassment and false imprisonment against Craig Deluca and Inntopia that will stand forever as a warning for those who fail to respect the basic rights of women in the workplace.
“This decision ends any litigation relating to this situation,” he continued. “I am pleased the Supreme Court reversed and vacated an improper ruling. As I said from the very beginning, prior to this being filed, I had never spoken with Ms. Hinkson, attempted to speak to Ms. Hinkson or even seen Ms. Hinkson. We were total strangers. In this case, I was accused of supporting both women. I only wish I could have done more and hope in the future, their courage will make it easier for other women and their supporters.”
Senecal reached a settlement with Inntopia in her allegations of sexual misconduct against DeLuca, which included a nondisclosure agreement. She spoke out publicly about her experience after another woman, Alison Miley, filed a lawsuit against the company over alleged sexual misconduct by DeLuca. Inntopia agreed to pay $60,000 and accept a judgment against the company in that case.
Hinkson’s legal team, led by Barbara Blackman of Lynn, Lynn, Blackman & Manitsky, said in a statement to VTDigger, that they are still reviewing the court’s ruling and considering whether or not to file a motion for reargument.
“If the decision becomes final, it will create new law in the State of Vermont,” Blackman said. “Among other things, the decision effectively raises the burden of proof in a civil anti-stalking matter to something akin to a criminal proceeding, which in our view was never the intent of the Vermont Legislature.”
Blackman said Hinkson only ever wanted Stevens to stop stalking her and that this ruling puts a new spin on civil anti-stalking cases in Vermont.
“All civil anti-stalking orders are about stopping bad behavior,” she said. “We are concerned that today’s decision will make these cases more difficult for victims.”
Two justices dissented with the majority. Chief Justice Paul Reiber was joined by former Superior Court Judge David Howard, who was specially assigned to the court for this case.
Reiber said in his dissenting opinion that the majority of the court “misapplied” the Vermont statute that presides over civil stalking cases and incorrectly argued that the standard for proving cases like this has to be done narrowly.
“I would hold that the trial court made a factual finding that the defendant communicated a true threat here and that the finding is supported by the record,” Reiber said in his opinion.
Under Vermont law, specifically the Vermont Rules of Appellate Procedure, Hinkson could appeal the decision.
Stevens’ lawyer Craig Nolan declined to comment, citing that he has returned to work with the Department of Justice. His co-counsel at the time, Owen McClain of Burlington-based Sheehey Furlong & Behm, did not return requests for comment.
CORRECTION: This story was updated on Aug. 8 to correct factual inaccuracies concerning the civil complaint against Stevens and the allegations against DeLuca.
