The Foundation for Individual Rights and Expression (FIRE) has sued Dauphin County on behalf of two people who were prevented from collecting signatures for a petition in a public park in June.
Two officials with the Keystone Party, which formed in April, say Dauphin County Parks and Recreation director Anthea Stebbin violated their First Amendment rights when she and two security guards came to Fort Hunter Park and stopped them from circulating a petition to be put on the ballot for a 2022 Pa. House race.
Keystone Party board member Kevin Gaughen was gathering signatures with David Kocur, the party’s candidate for a state House race, when Stebbins, along with two security guards, told them to leave.
The county said it purchased the parkland in 1980 and that deed has always prohibited political activity there.
“No part of the activities of this Trust shall be the participation in, or intervention in (including the publishing or distributing of statements), any political campaign of any candidate for public office,” the deed states.
Gaughen said its language is unconstitutional.
“The people of the county own this park. All First Amendment rights apply here, and it can’t be restricted arbitrarily by someone who used to own the property way back when.”
He said Stebbins’ request could set a bad precedent in the future.
“If we don’t stop this now, the government can use deed restrictions at any time in the future in order to curb constitutional rights,” he said. “So we need to nip this in the bud right now.”
In its court filings, FIRE cited Evans v. Newton, a U.S. Supreme Court decision that ruled the government’s property-conveyance restrictions must comport with the Constitution – and that a public park is considered a public forum for assemblies and free speech to take place.
Conor Fitzpatrick, attorney with FIRE, said they’re seeking a court order prohibiting Dauphin County from restricting political expression at Fort Hunter Park, a declaration that the ban violates the First Amendment, and damages.
Shortly after, FIRE sent the county a letter outlining cases they believe support their claim that their plaintiffs’ rights were violated.
“Frankly, hoping that cooler heads would prevail,” Fitzpatrick said. “Unfortunately, Dauphin County doubled down, and that’s why we had to file a lawsuit.”
The county responded to the letter and wrote: “Fort Hunter Park is not open to political activity – by anyone! This has long been the policy of the Dauphin County Commissioners and their Parks and Recreation Department. The county’s policy will not change in response to the threat made in your letter.”
Sara Rose, Deputy Legal Director with ACLU-PA, said she often receives calls from people claiming the government is preventing them from circulating petitions.
“We have always been able to resolve those with the governmental entity involved without litigation,” she said. “So it’s extremely unusual that Dauphin County is taking this position, and I think that their position is contrary to the First Amendment, and I think the court will tell them that.”
She said the government has little authority to regulate speech at public parks but is allowed “time, place, and manner restrictions,” like designated closing times.
Dauphin County claimed the “character” of Fort Hunter Park is itself a “reasonable” restriction.
“But if the park is open to the public and you’re not blocking entrances or making it impossible for other people to enjoy the park, then you are entitled to engage in speech activities, which include circulating nominating petitions in the park,” Rose said.
When reached for comment, Dauphin County referred WITF News to its response letter.
“When Dauphin County received the park from the Ft. Hunter Foundation in 1980, it came with a restriction of political activity within the park, and we have continued to honor that restriction,” wrote county press secretary Brett Hambright. “This is a matter for litigation.”
A trial date has yet to be set.
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