Man sues Upper Yoder Township over recording of meeting

Mar. 7—JOHNSTOWN, Pa. — A Southmont Borough man is suing the Upper Yoder Township Board of Supervisors, claiming its rules for public comment at meetings impinges on First Amendment rights and violates the state law for conducting open and public meetings of government agencies.

John A. Klanchar filed a petition for declaratory judgment March 4 on his own behalf in the Cambria County Court of Common Pleas.

Owner and operator of a YouTube channel, Klanchar describes himself as an independent journalist who regularly sets up a tripod and a cellphone to livestream the township's meetings and participates in public comment periods during those meetings at the Upper Yoder Township building, 110 Sunray Drive.

The supervisors at the start of 2024 adopted a resolution regarding public comment that states all videorecording equipment shall be stationed in the rear of the meeting room or along the wall "so as to not obstruct the view of any audience member."

Prior to the township's Feb. 15 meeting, Klanchar set up his tripod in the back of the room and, while seated at the front of the room in the general seating area, held a small microphone for capturing audio and wore a bodycam clipped to his chest similar to models that police wear, Klanchar's lawsuit said.

The supervisors spotted Klanchar seated in front of them and asked if he was wearing a body camera that was recording video.

Klanchar refused to answer questions and urged the supervisors to continue with their meeting.

Upper Yoder Township Solicitor David Raho asked again whether he was wearing a body camera.

Supervisors President Edward Barzeski said, "If that is a body camera, go to the back of the room or you will be removed from the meeting."

Klanchar refused to move and was escorted out of the building by police.

"The plaintiff's body camera did not obstruct the view of any members of the public in the seating area," Klanchar's lawsuit said. "The plaintiff submits that he has standing to seek declaratory relief because there exists a controversy under the Pennsylvania Sunshine Act between the Plaintiff and the supervisors."

A transcription of the conversation between Klanchar and the supervisors captured by the body camera was included in the lawsuit and a video uploaded to his YouTube channel.

The lawsuit also claims the township's resolution regarding public comment violates the Pennsylvania Sunshine Act, which makes certain transparency and public participation requirements of government agencies' during meetings.

The Sunshine Act gives the public the right to comment on issues "that are or may be before the board." Agencies must provide a reasonable opportunity for residents and/or taxpayers to comment on an issue before a decision takes place, according to the Pennsylvania Office of Open Records.

Municipalities are permitted to establish rules to oversee public comment, but Klanchar claims the township's resolution attempts to censor comments.

The lawsuit said the resolution is unconstitutionally vague in stating: "All comments should be made in a respectful manner without obscenity or threat," and the resolution is also vague, the lawsuit said, as it prohibits "comments which make statements of personal attacks or statements that could be construed as libelous, slanderous, or that defame the character of any Upper Yoder Township elected or appointed official employee or any member of the public."

Klanchar is seeking $2,500 in attorney's fees and compensatory and punitive damages of $10,000 "or any amount that the honorable court would see fit and appropriate considering the willful and wanton disregard for the plaintiff's Constitutional rights."

Raho said the township is "in the process of reviewing the allegations and will respond accordingly."

Russ O'Reilly is a reporter for The Tribune-Democrat.