Last week, Atlantic Funding Limited LLC sued Jefferson as a private citizen, alleging she spread misinformation during two town hall meetings about the company’s plan to build five data centers on 61 acres behind the Four Seasons retirement community in Dumfries. The lawsuit claims Jefferson acted in a “malicious and deliberate” attempt to stir opposition to the project.
Jefferson, who campaigned against locating data centers near homes and schools, declined to address the specifics of the lawsuit. In a statement, she emphasized her process in evaluating land-use applications.
“As with any land use cases, I thoroughly review applications that are submitted for Board consideration. As always, I make my final decisions after a full review of application materials and applicable legal and policy provisions, and consideration of any public input, including at the public hearings,” Jefferson said.
The county will fund outside legal counsel to defend Jefferson, though the lawsuit targets her personally.
The lawsuit comes as localities across Northern Virginia weigh the economic promise and community pushback over data centers. While the industry brings the potential for millions in tax revenue, residents have raised concerns about noise, water and power use, and compatibility with nearby neighborhoods.
A “Reverse SLAPP” Lawsuit?
Megan Rhyne, executive director of the Virginia Coalition for Open Government, called the case unusual. She compared it to a “reverse SLAPP” lawsuit—an acronym for Strategic Lawsuit Against Public Participation—typically aimed at intimidating private critics.
“If this suit were successful, every elected official out there would be chilled into thinking that they shouldn’t do a town hall because they could get hauled in front of a court because of whatever came out of it,” Rhyne told the Prince William Times. “People want their elected officials to connect with them… if this were successful, I think it would chill that connection.”
Local Officials Respond
Elected leaders across Prince William, Stafford, Manassas, Manassas Park, and Fredericksburg were asked whether the lawsuit could discourage public engagement. Their responses reflect a mix of concern, caution, and defiance.
Manassas City Councilman Tom Osina said open dialogue is a cornerstone of governance.
“Public engagement is essential to good governance. Any legal action that may discourage open dialogue is concerning because it could limit the ability of residents and elected officials to fully engage on important issues. It is important that public officials are able to speak openly in their official capacity without fear of personal legal risks,” Osina said.
Matt Kelly, a former longtime councilman seeking reelection as a candidate for Fredericksburg City Council’s Ward 3 seat, dismissed the idea that Jefferson’s remarks at town halls could be considered malicious.
“I don’t see where that falls in the malicious category,” Kelly said. “A lot of people are asking for information about water and power usage, and the data centers are tight-lipped on all of that. Let people speak and ask.”
Kelly criticized Fredericksburg’s quick adoption of a Technology Overlay District earlier this year, which paved the way for data centers in Celebrate Virginia South.
“Fredericksburg City Council passed the Technology Overlay District in a month and a half, which I thought was atrocious. If they want to sue me, go ahead,” he added.
Henry S. “Hank” Scharpenberg, Republican candidate for Stafford County’s Aquia District Board of Supervisors seat, warned that the lawsuit could deter honest public discussion if left unchecked.
“This will have a chilling effect for elected officials who need to be protected from spurious lawsuits. As long as an elected official does not disseminate information that they know is false, they need to be immunized from these legal actions. I will not be deterred from engaging with my constituents and informing them about issues with information I believe to be correct,” Scharpenberg said.
