East Union formally hires outside firm to defend against lawsuit; temporary injunction issued

SHEPPTON – East Union Township has hired a law firm to defend a lawsuit alleging first amendment violations against a supervisors candidate and his wife.

Stefan Gerneth and Amy Austra-Gerneth filed suit against the township and its solicitor, Donald Karpowich, on May 8, days after they said the township threatened charges against Austra-Gerneth for recording public officials in a public place.

U.S. District Judge Karoline Mehalchick on Thursday granted the Gerneth’s request for a preliminary injunction, stopping the township from prohibiting audio recordings before an after public meetings.

Gerneth and Austra-Gerneth regularly attend township meetings and record them with an audio recorder, according to the complaint, and were doing so on May 5.

Gerneth had to leave and Austra-Gerneth remained with an attorney from New Leaf Energy, which is developing a solar farm on the Austra property in Phinneyville, waiting for at least ten minutes after the meeting for plans to be signed.

Karpowich, the complaint says, saw Austra-Gerneth holding the recorder and that it was still open and “asserted that she was violating the Wiretapping and Electronic Surveillance Control Act” and directed her to turn off the audio recorder.

She did, and Karpowich then asked township Supervisors Chairman Kyle Mummey, whom Gerneth was running against in the primary, if he wanted to press charges. He did, and East Union Township Police were directed “to use a WESCA violation as a pretext to commence a criminal action by complaint against Austra-Gerneth for exercising her First Amendment rights and in order to chill future efforts to record public officials in public spaces of the Township.”

Police obtained a search warrant for the audio recorder and it was served May 6.

The public meeting room at the township building, the complaint asserts, has no legitimate expectation of privacy when it is open to the public and not used as a polling place.

Gerneth was running against incumbent Supervisors Chairman Kyle Mummey in the spring Primary election and the lawsuit alleges that the township interfered in Gerneth’s campaign.

In a filing, the township contended that the Gerneths “failed to properly notify meeting attendees of recordings”, which Mehalchick said the court was not persuaded by.

“It is undisputed that Plaintiffs held the recording device in plain view,” Mehalchick wrote.

The court declined to take action to prevent a WESCA prosecution against Austra-Gerneth.

At Monday’s township supervisors meeting, supervisors voted to hire Elliott Greenleaf and Dean to represent the township in the suit.

Supervisor Jill Careyva asked about the appointment.

“That firm has been representing the firm in the action along with insurance defense,” Karpowich said.

Neither Gerneth was at Monday’s meeting.

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