Trib Total Media

Activist in Bridgeville appeals harassment charge

Marshall Pappert admits he was relentless in his correspondence to local and state officials, but he never expected it to land him in court.

Pappert, 56, of Bridgeville filed an appeal Wednesday in state Superior Court when Allegheny County Common Pleas Judge Robert Gallo upheld his conviction on a charge of harassing Bridgeville Manager Lori Collins in a phone message.

He had protested noise and air pollution from a concrete plant across the street from his lifetime home, and said he asked Collins to resign because she failed to investigate his accusations. He twice had to call back to finish the message because the answering machine cut him off.

"I have a constitutional right to protected speech to raise an issue about anything," Pappert said. "I did it the right way. I didn't swear at anybody, and I didn't threaten anybody. You're allowed to stand up and say you don't like this and do something about this. It doesn't matter if I send a million letters."

Upset about the operation of the nearby Silhol Builders Supply Co., Pappert's Union Street neighbors appointed him spokesman for their complaints in May 2007, he said. Silhol officials could not be reached for comment.

Pappert complained to county Chief Executive Dan Onorato, U.S. Rep. Tim Murphy and Gov. Ed Rendell. He wrote to several agencies about the problems along Union Street. He sent letters to the county Health Department, which resulted in inspections and air pollution violations against the concrete company, said Bruce Boni, a lawyer with the American Civil Liberties Union of Pennsylvania who is representing Pappert.

Pappert sent so many letters to local officials that Bridgeville Mayor Don Dolde estimated he has an 8-inch stack of correspondence. Pappert said he sent about 50 letters over 14 months to about 20 different agencies and people.

"I was a pest for good reason," Pappert said: He was concerned about his neighbors and his health.

He admitted to being upset at one point in the three-part message to Collins because he couldn't get the help he desired. Still, he calmed down by the end, he said, and never once threatened or swore at her.

Collins did not return messages seeking comment yesterday.

Bridgeville police filed the criminal harassment complaint in October when he left the message.

In Pappert's July 18 appeal hearing, Gallo ruled Pappert should have contacted his elected officials and not the borough manager because she could not act on his complaints. Pappert's attorneys argued Collins was responsible for borough day-to-day operations, and Pappert should expect responsibility from her.

Gallo fined him $300 and court costs, and he ordered Pappert to not have any contact with Collins for 90 days or he would sentence him to jail.

Dolde said the harassment complaint was justified. He didn't have a problem with the letters, but Pappert's message to Collins went over the line, he said.

"It was how it was done in a terrorizing manner," said Dolde, who wouldn't elaborate on what he thought was terrorizing.

Borough Councilman Pat DeBlasio Jr. attended the court hearings, heard the message to Collins played in court and was surprised that the harassment complaint wasn't thrown out. Public officials need to expect activists will contact them regularly, he said.

"If what he has done is criminal, we all have to be really nervous," DeBlasio said. "This is not the top for complaining. He didn't sit in council chambers and not move. He sent letters and made phone calls. If that is now the top, where are we here in this country?"

F.A. Krift can be reached at bkrift@tribweb.com or 412-380-5644.

Posted under: