We had our day in court for December’s anti-casino action. Thirteen of us drove to Harrisburg to attend District court in Dauphin County.
We were charged with creating “a hazard offensive condition which served no legitimate purpose…” You can see the exact wording on the citation.
We sat in front of Judge Joseph S. Solomon in Dauphin County District court.
Our lawyer argued that our only intent was to retrieve documents. The PGCB is a state agency and is charged with making its documents available to the public. We are nothing more than citizens exercising our rights.
Paul Mauro, identified only as a Supervisor at the PGCB, testified on behalf of the PGCB. He testified that that we were shouting and blocked the entry to the elevators. He further testified that he told us that the PGCB did not want us here and we would need to leave.
The Hallwatch video clearly shows that we were non-violent and respectful.
Reverend Jesse Brown was called to testify on our behalf. He testified that we were citizens who arrived during the PGCB’s regular business hours to request public documents. We were refused access to these documents. When we refused to leave without the documents we were arrested. He testified that the security guard did not offer to contact anyone from the PGCB.
Judge Solomon delivered his verdict:
He said the key to his decision is that “…no testimony showed that there was an intent to create a hazardous condition. If such a condition was created it was done without intent.”
Judge Solomon continued: “The problem I have with this situation is that a request was made for information that should be made available to the people.” He stated that this is a “people’s government” and “…anyone should be able to go to a state government agency, walk in and be able to see the documents. I can’t imagine what documents your [indicating Mauro] agency has that they need to be protected from the people…This was handled extremely inappropriately by your agency…If your agency continues to operate in this fashion we’re going to have a lot more of these [referring to our case].”
He continued, accusing the PGCB of “…creating an undue burden on the citizens of Harrisburg…” by refusing citizens entry and calling the police. He told Mauro that if his [Mauro's] agency is unable to allow public access due to building security policy then the PGCB should consider moving out of the building.
The judge openly chastised the PGCB. I can’t express enough how moving this scene was. Not only were we found innocent but we were justified not as activists but as citizens exercising our rights.
We are not activists, we are citizens who want the rights that we are due. We are due a say in our government. If we are denied that right we will stand up for it.
I can’t thank the organizers of this event enough for showing me the beginnings of how to make a difference in government. It takes time but a group of concerned citizens can make a difference in their government.
Links:
NABR: http://www.nabrhood.org
Casino Free Philadelphia: http://casinofreephila.org