NEW CASTLE Court lets man back into county center



The man's attorney said he will seek to make the injunction permanent.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Bob Semler will be allowed back in the Lawrence County Government Center.
Common Pleas Court Judge J. Craig Cox granted the 78-year-old Highland Avenue man a preliminary injunction against the Lawrence County commissioners who had banned Semler from the building after he lobbed a toothbrush at a county commissioner during a meeting.
In late December commissioners instructed their attorney, John Hodge, to write Semler a letter banning him from the courthouse, unless he needed to attend a court hearing.
Attorney's argument: Semler's attorney, William G. Cohen of New Castle, argued that commissioners violated Pennsylvania's Sunshine Law because they did not vote publicly on sending the letter. He also contends that any business commissioner's completed after the Dec. 21 letter was sent to Semler is illegal because by banning Semler from the meetings they were keeping out the public.
Cohen said it's unclear if the judge will enforce his second point concerning all business done after Dec. 21 being illegal.
Hodge said he received the court order Tuesday, but hasn't discussed it yet with county commissioners.
Judge Cox's order gives Semler the preliminary injunction and notes that it is illegal for the county to keep him out of the government center.
Cohen said he intends to go back to court to seek a permanent injunction. He is unsure when that will occur.
Reason for banning: Semler was banned from the government center after a Dec. 18 meeting where he lobbed a toothbrush at Commissioner Ed Fosnaught. Semler has said he did it because he disagreed with what Fosnaught was saying.
Semler, a frequent visitor at government meetings, carries a toothbrush in his shirt pocket and often tells officials he wants to go to jail.
He did go to jail New Year's Eve after attempting to enter the government center twice and being escorted out by sheriff's deputies who were enforcing the banishment order.
Semler was charged both times with defiant trespass and had also faced charges of disorderly conduct and disrupting a public meeting for the toothbrush throwing.
District Attorney Matthew Mangino withdrew all criminal charges in February when county commissioners refused to testify against Semler.