A Pennsylvania man was arrested for making too many complaints on behalf of his neighborhood to get the local government to enforce noise and air quality laws against a concrete manufacturer across the street from him. Silhol Builders Supply makes ready-mix cement and neighbors say they’re awoken by noise at 2 in the morning from the trucks, and that cement dust coats their windows. Marshall Pappert was appointed the neighborhood pointman to try to prod the local government to action, sending scores of letters and leaving phone messages. It was three messages left with borough Manager Lori Collins that brought the backlash. In them he called for her to resign and accused her of breaking promises to collect and test dust samples from neighborhood homes. She found this harassing and called the cops. Pappert is appealing his conviction. It’s a sad day when someone gets arrested just for asking the government to do its job.
Team 4: Complaining Bridgeville Neighbor Arrested For Harassment [The Pittsburgh Channel]
(Thanks to Steve!)
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A smart local government would have hired this gentleman.
@TechnoDestructo:
LOL! Killdozer! AWESOME!!!! How the hell did I not hear about this back in 2004!?!?!!?!
Something tells me the concrete plant was there first. It would be really hard to imagine a new concrete plant being built “across the street” from existing homes.
If the plant was there first then I don’t have a lot of sympathy for the people living across the street.
@Pro-Pain: And I’m in Brentwood. But no amount of complaint ignoring justifies what that guy did. It doesn’t justify prosecuting anyone, though, either.
Will look forward to seeing this story hit the national news.
Start Digging!
I’m shocked…I miss Pittsburgh!
This is actually a close question constitutionally — the type of restriction the government alleges here is not content based, but rather a restriction on the time/place and manner of the expression. Such restrictions, e.g., harassment in this case, may be possibly valid. I doubt it though. I’d need more facts.
What I don’t get is why this fella, rather than relying on the government who was clearly within its authority to choose to do nothing here didn’t seek some sort of remedy in court? Any number of remedies come to mind.
Anyone remember the older Disabled Veteran because he made too many phone calls ( not more than a once a day “progress” check” and wrote too many letters trying to get his guaranteed healthcare. And no, he didnt have emotional problems other than the frustration of knowing what should have been happening versus what actually was happening. Very polite and business-like every time but put on a watch list too.
@Ben Popken: Ohhh. SNAP!
Two phrases come to mind:
“chilling effect” and “prior restraint”
The only thing this story is missing is the tazer happy cops.
Prior restraint???
How so? Prior restraint only applies to content based limitations.
If the limitation is time/place/manner, it can be valid.
Our government local & national at its best, using the law to skirt its promises and/or duties to the people. God Bless America
The local official that he is dealing with sounds like a real bitch. District Judge Eileen McGraw should resign as well for siding with the local police. This gentlemans first ammendment rights were definitely violated. Based on the voice mail message he left, he said nothing to threaten that bitch. Just because you have a certain ‘tone’ of voice, doesn’t give anyone the right to have them arrested. I guess I need to watch my ‘tone’ the next time I talk to Comcast or Verizon!
I hope they will pay for their stupidity with lots of money!!! That story is local to me just south of Pittsburgh.
@howie_in_az: What is great about your link is that there is street view of that street…that is one crammed concrete plant. Its sandwiched between two streets!
This is the most outrageous thing that I’ve read in 2008. The Judge, Prosecutor, chief of police, and county official that pressed the charges should be ashamed of themselves, and, most importantly, unemployed.