HARRISBURG – The owner of several Gettysburg businesses is suing the Borough of Gettysburg, its mayor and council claiming they re-instituted a decades-old parking ordinance in order to retaliate against her for leading an opposition to a zoning dispute.
According to the Aug. 14 filing in the U.S. District Court for the Middle District of Pennsylvania, plaintiff Linda Atiyeh, who owns several businesses on York and Chambersburg Streets in Gettysburg, filed the suit against the defendants the Borough of Gettysburg, Gettysburg Borough Mayor Theodore Streeter, Borough Manager Charles Gable, Borough Parking Manager Richard Miller II and others.
The plaintiff alleges the ordinance denies her the ability to reserve parking spaces in front of her businesses, which includes The Upper Crust and Gallery 30. The ordinance however "preserves" the reserved parking for other businesses in the area, Atiyeh claims in her complaint.
"Defendants’ actions have interfered with Atiyeh’s ability to access her property and operate her businesses, and constitute an unconstitutional deprivation of plaintiffs’ rights guaranteed by the United States Constitution Equal Protection and Due Process Clauses, and the First Amendment," the plaintiff's complaint states.
Atiyeh, who according to the suit has invested more than $8 million to restore and preserve the Borough's historic properties, claims the defendants began to harass her in late 2016 by "forcing" her to apply to the Borough's Historic Architectural Review Board for signage and merchandise displays.
"The absurdity and vindictiveness of defendants’ actions garnered significant public attention and criticism, including numerous editorials in local media that were unfavorable to defendants," the suit states.
Atiyeh seeks compensatory and punitive damages, attorneys' fees and costs and a declaration that the Borough's parking ordinance amendment is unconstitutional.
Attorneys for the plaintiff are Gerald Arth and Danielle Ryan with Fox Rothschild LLP.
U.S. District Court for the Middle District of Pennsylvania case number 1:19-cv-01412