Susan Morgans and John Hayes, you disgust me.

Susan Morgans and John Hayes, you disgust me. In your article, New regulation expands the role of ‘public’ hunting for suburban deer 

Municipal spokeswoman Susan Morgans said the community kerfuffle has calmed since the deer-reduction policy was enacted, and deer numbers seem to be dropping in parts of Mt. Lebanon. There have been no hunting-related shooting incidents related to the program, she said.

"Community kerfuffle," Susan? You beat us into submission. We have given up. We filed Right To Knows. You cited us. You took us to court. We have shared photographs of hunting-related incidents. We have had protests. We were harassed for walking through parks. We have gone to court. We tried to use facts. We tried to be logical. We feared for our lives and you call it kerfuffle? Despicable.

John Hayes, you call yourself "Outdoors Editor." Please. Why don't you just admit that you are the mouthpiece for the PA Game Commission? You write:

The municipality won a court challenge that attempted to force its commissioners and controlled-hunt organizer to reveal the names of participating hunters and property owners.

For your information, what I was challenging was the right to know WHERE lethal weapons were being discharged, so that people like me with PTSD, could avoid those areas. But evidently, $7,000 later, we don't have that right. Parks remain open during hunting season as well as culling . And now, as you so gleefully like to bring up Mt. Lebanon every chance you can, the public will be shooting in our parks. Thanks, John. You are a real piece of work.

Gifted student has to walk divided PA Court says

Gifted student has to walk to school just like his classmates, divided Pa. court says

As President Judge Mary Hannah Leavitt noted in the court's majority opinion, Mount Lebanon is a "walking district" and only provides transportation for students who are disabled. 

The gifted seventh grader walks 1.3 miles from his home to the middle school, then another 4/10ths of a mile to the high school for his first-period geometry class. He is given a ride back to the middle school so he can get to his second-period class on time, Leavitt noted.

Santa baby, and hurry down the chimney tonight

An earlier comment suggested I contact the ACLU concerning my Commonwealth Court affirmation.

If you are still interested in pursuing this case, I would suggest that you give Vic Walczak, the legal director of PA's ACLU, a call. I think he lives in Upper St. Clair, and see if he would be willing to take this case to the Pa Supreme Court. 

Thanks for all of your efforts to identify these hunting and shooting locations so that residents can warn their children to stay out of harms way, and try to protect the safety of their family and pets.

December 12, 2016 at 11:10 PM

I contacted the ACLU and received this reply:

From: Info <Info@aclupa.org>
To: egillen476 <egillen476@aol.com>
Sent: Wed, Dec 14, 2016 8:59 am

 Thank you for contacting the ACLU with your question.  Unfortunately, the ACLU does not currently have a confidential system by which to process email complaints, or the resources to answer general questions about the law. 

 

The ACLU is a privately funded organization relying heavily on the services of volunteer attorneys.  We seek to preserve and extend certain constitutional principles, most of which are found in the Bill of Rights.  We are not a general provider of legal services.

 

We generally take only those cases in which the facts are not in substantial dispute and, more importantly, in which there is a significant civil liberties issue.  We give priority to cases where our participation can benefit a large class of people or lead to a positive change in the law.  Scarce resources are an unfortunate constraint, preventing us from taking many meritorious civil liberties cases.  As a result, we must be very selective in choosing which issues to address.

 

To obtain an answer to your question or other legal advice, we advise you to contact a private attorney or other legal services provider.   If you believe that your rights have been violated, you can complete and submit an online complaint form on our website at http://www.aclupa.org/our-work/legal/fileacomplaint/electronic-complaint-form , or you may fill out and mail in a general complaint form, which is available athttp://www.aclupa.org/downloads/intakequestionnaire.pdf More information about the types of cases we take is available at http://www.aclupa.org/legal/fileacomplaint.htm.

 

 

Info

ACLU of Pennsylvania

PO Box 60173

Philadelphia, Pa 19102

p: 215-592-1513

www.aclupa.org

Taking this case to the State Supreme Court is very expensive. I still haven't recovered from the first round at the Court of Common Pleas, thanks to our commissioners who appealed the PA Office of Open Records Final Determinations. My gofundme was helpful (thanks again to all who contributed) but left me with quite a legal bill. Unless Santa leaves me a check under the tree, I don't see how I can continue to pursue this. We don't have the right to know where or when arrows are flying or bullets are discharged in our densely populated community. I'm arranging a bus trip to Rolliers to meet with John in the paint department, so that he may advise us on soothing colors to paint our basements.*

Thanks, Kristen Linfante, for the sage advice.

*In case there are readers who do not recognize sarcasm, there is no bus trip to Rolliers.

Goliath won UPDATED

The deer haters and killers will be happy to hear...

O R D E R AND NOW, this 9th day of December, 2016, the decisions of May 23, 2016 of the Allegheny County Court of Common Pleas in the above-captioned matters are AFFIRMED.

Saving everyone from eleven pages of legalese, here it is - short and sweet:

What these means is that residents and visitors are not permitted to know where weapons are being fired in Mt. Lebanon, commissioners can wash their hands of any responsibility because it involves private individuals and not "government actors," and police officers like Officer James Hughes, who had an arsenal of 120 weapons too large to store in the Washington County Sheriff's Office and has a temporary PFA against him, can remain anonymous because he, if he was an archer, was donating his time to kill deer. We do not have the right to know where killing is taking place. We don't have the right to know who the killers are.

Mt. Lebanon police officers are exempt from any media reports, it appears. Had Officer Hughes been on some other police force, it would have been all over the news.

To appeal this decision, I would need to go to the State Supreme Court, IF the Supreme Court would hear the case. Small detail here - I don't have the funds. Mt. Lebanon commissioners won. They used our tax dollars to contract out the dirty work. Think about that when the commissioners vote to increase our taxes on Tuesday.

I tried my best to force the Municipality of Mt. Lebanon to be more transparent and make our neighborhoods safer, but their loyalty remains with the ten archers and twelve private property owners who "donated" to this deer killing program. The hell with the rest of us.

Update December 9, 2016 4:00 PM The Post-Gazette wasted no time publishing this.
Appellate court says Mt. Lebanon deer cull participants can remain private Still waiting for them to spill the beans about the Mt. Lebanon police officer, a member of the Dormont-Mt. Lebanon Sportsmen's Club and had his arsenal of 120 weapons confiscated by Washington County Sheriff's Office. We will never know if he was/is one of the archers.

Commonwealth Court

I think I have finally decompressed. The Municipality of Mt. Lebanon v Elaine Gillen and the Pennsylvania Office of Open Records oral argument was heard in Commonwealth Court on Monday, November 14.

I had never been in Commonwealth Court before. On a side note, I had never been in Common Pleas Court either. The courtroom which was used for the argument was the Supreme Court Room. It is spectacular.

We were number six or seven on the Court Calendar to go before a panel of three Commonwealth Court judges who came from Harrisburg and Philadelphia. No judge from Mt. Lebanon this time around! Before anyone asks, I do not know who the people were from Mt. Lebanon or recognized Mt. Lebanon School District's attorney for the School District case. They were last on the schedule and I left after we were finished.

I had to chuckle when I compared how Mt. Lebanon's commissioners run citizen comments vs. how the Commonwealth Court president handled the cases. Each side was permitted eight minutes for oral argument. Appellants were heard first and had to state if they wanted to reserve two minutes of their time for a rebuttal after the appellees' eight minutes. The Commonwealth Court President had a kitchen timer and would ignore the beeper if they had asked questions and/or would permit both sides to continue their arguments if they were in a middle of a thought. It was very civilized. No interruptions like our power hungry, ego-inflated commissioners handle citizen comments, unless you are Michalina, who is allowed to continue when the clock runs out.

I wish Cori Vipperman attended the argument. She would have crawled under the chair when the one senior judge interrupted MTL's counsel and said in so many words, "Please don't tell me that you think people felt threatened by someone who is against killing deer." The solicitor said that Judge O'Brien had already thrown that out in the lower court. Cori Vipperman email

I thought I would have seen Dave Franklin there, since he was willing to reach out to the Solicitor with the case. He encouraged the commissioners to appeal the Office of Open Records' decisions. Dave Franklin email See Dave? It isn't about intimidation or cyber bullying. Judge O'Brien ruled that the commissioners who were against it, were not in any danger. Their addresses were public information. Nobody "drove by their homes ...and perhaps worse." Whatever that means.

I don't know when a decision will be made. It could take several months. The next level would be to go before the State Supreme Court, IF the State Supreme Court would hear the case. Since Mt. Lebanon has endless amounts of money, the little person doesn't stand a chance.

Deer and the Courts Update

A court ordered appearance before Judge McCarthy was to take place on July 26, 2016 between Scott Township and the Municipality of Mt. Lebanon regarding killing deer in Twin Hills Park located in Scott Township. The docket is available here. Anyone know the results of that conference?

My attorneys have appealed Court of Common Pleas Judge Terrence O'Brien's decision concerning donation exemptions. It is now in Commonwealth Court. Don't worry, Taxpayers. This isn't costing Mt. Lebanon taxpayers (including Judge O'Brien) anything additionally, thanks to the sweet deal Mt. Lebanon has with Buchanan Ingersoll. MTL can take anyone to court (or be taken to court) and it doesn't cost taxpayers a dime extra. Scott Township residents aren't so lucky. Neither are those who are granted TWO Final Determinations by the PA Office of Open Records of whom Judge O'Brien disagreed.

My gofundme is still active. See side bar for the link or click here. I have made Not In My Yard key fobs this year to match the yard signs which are still available. A $10 donation will get you both a yard sign and a key fob. What a deal! You would have to buy 104 yard signs and 104 key fobs to equal what taxpayers are spending just to register Susan Morgans for the NYC trade show!

Archery starts up again next month.  It sure came up quickly, didn't it? In Mt. Lebanon, we kill (or try to kill) deer more often than not.

A little bird told me...

that Mt. Lebanon plans to appeal if I win on April 11, which means that they are taking it to Commonwealth Court!

Mr. Steve "It is free" Silverman thinks that this litigation is not costing Mt. Lebanon taxpayers any additional money, but wait till the retainer fee goes up next year with how they are keeping our solicitor busy this year.

I guess my gofund me will be staying up longer than I expected. Mt. Lebanon sure is sticking it to me.