The citations that provoked a Constitutional challenge to the
City of Bradford’s ordinances regulating signs were dismissed on
District Judge Chris Hauser’s last day in office Dec. 31.

Tom Riel, one of the three people cited for violating the city’s
Historic Preservation and sign ordinances, notified The Era earlier
this week when he inadvertently found out that the citations were
dismissed.

“Mr. Hauser was on his way out the door leaving the office, and
I mean literally, when he dismissed the charges without ever having
any notice sent to us that they were dismissed,” Riel said
Tuesday.

He explained that he was in District Judge Dominic Cercone’s
office on another matter on Monday when he happened to inquire as
to the status of the citations. He was told they were
dismissed.

Riel obtained a letter from Richard Lanzillo, the attorney who
represented the city in the Constitutional challenge, that asked
Hauser to dismiss the charges.

The letter, dated Dec. 28, explains the city will not prosecute
Riel, Dianne Thompson and Fred Pysher for alleged violations of the
ordinances on March of 2004.

The letter reads, “please be advised that the City of Bradford
has determined not to prosecute the citations previously issued …
for violations of the City’s general sign ordinance and its
ordinance regulating signs within the Historic District of the
City.”

Lanzillo explained that the U.S. District Court in Erie upheld
the Constitutionality of the city’s sign laws. However, he does not
make reference to the fact that the laws were amended during the
course of the suit.

“They were amended three times because of the court action,”
Riel said. The amendments made to the original ordinances include a
permit exemption for noncommercial signs, not exceeding 12-feet,
which are placed on private property; and also put in place a time
frame for action by the Historic Architectural Review Board.

U.S. District Judge Sean McLaughlin upheld the city’s ordinances
as they now stand, Lanzillo said in the letter to Hauser.

“With the validity and enforceability of the subject ordinances
now established, the city has determined to permit the respondents
to proceed on a clean slate based upon the guidance provided by the
court’s decision upholding the ordinances and rejecting their
claims.

“Now that the respondents’ claims and objections to the
ordinances have been addressed and rejected, the city anticipates
that they will comply with the requirements of the ordinances.”

Lanzillo said that despite the dismissal of these charges, the
city plans to take action in the future if the ordinances are
violated again.

“Unfortunately, it is still not over,” Riel said. The trio are
appealing McLaughlin’s ruling to the Third Circuit Court of Appeals
in Philadelphia.

When asked if he planned on dropping the appeal now that the
charges have been dismissed, Riel replied, “Hell no. I’m only one
litigant. I couldn’t change the appeal.”

And the fact that he is now a member of City Council doesn’t
change things either, he said.

“I still think the city of Bradford owes the three of us an
apology. More especially Mr. Pysher and Ms. Thompson, who were even
more innocent than me.”

Riel and Thompson were cited because Riel posted signs critical
of Bradford city government and city officials on a building he
co-owns with Thompson in the city’s Historic District. He did not
obtain prior permission for posting the signs.

Pysher was cited for posting a business-related sign on the
front of Upper Allegany Realty, which is also in the Historic
District, without first obtaining a permit.

When asked what it would take to stop the case, Riel said, “This
thing won’t stop until the ordinances are 100 percent
constitutional.”

Riel, Thompson and Pysher have been represented by Witold “Vic”
Walczak of the American Civil Liberties Union in the lawsuit. He
will also represent them in the appeal.

Riel said the appeal has been on hold while transcripts from a
previous hearing before McLaughlin were prepared and submitted.
Currently, the briefing schedule is being set up and then oral
arguments will follow.