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Saturday, September 28, 2024

Township Supervisor Sues Robeson Township Over Recording Restrictions

Federal Court
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In a recent civil action, Timothy B. Bitler, Sr., a current Township Supervisor, has filed a complaint against Robeson Township. The lawsuit was filed on May 21, 2024, in the United States District Court for the Eastern District of Pennsylvania.

Bitler's complaint stems from a resolution adopted by the Robeson Township Board of Supervisors on March 19, 2024. The resolution, identified as Resolution 24-06, imposes restrictions on audio and video recording during public meetings. According to the complaint, these restrictions include muting recording devices before and after meetings and during recesses or executive sessions. Bitler contends that this resolution violates his First Amendment rights by imposing unreasonable prior restraints on speech and press freedoms.

Bitler regularly records public meetings and posts them online through a YouTube channel called "Robeson Revealed." He argues that these recordings are crucial for maintaining transparency and facilitating public debate. The new resolution requires recording devices to be muted at specific times, which Bitler believes is an attempt to suppress his efforts to document and disseminate information about township activities.

The complaint further alleges that the resolution specifically targets Bitler and aims to chill his speech and journalistic activities. It claims that no legitimate expectation of privacy exists in the public areas of the Township Building during or around public meetings. Additionally, Bitler asserts that his recordings have never disrupted any public meeting.

As part of his legal action, Bitler seeks declaratory and injunctive relief under 42 U.S.C. § 1983. He requests the court declare the resolution unconstitutional and permanently enjoin its enforcement. Furthermore, he seeks damages for alleged violations of his First Amendment rights, along with attorneys' fees and other appropriate relief.

Representing Bitler is Joel A. Ready from Cornerstone Law Firm LLC. The case has been assigned Civil Action No. 5:24-cv-02177-JFL.

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