(Brooke Schultz/AP)

A federal court has ruled that a Pennsylvania community’s resolution prohibiting the display of an American flag with a thin blue line on all township property is unconstitutional. The ruling about the flag that’s also used as part of the police union’s logo came down Monday.

The dispute in Springfield Township, about 15 miles (24 kilometers) from Philadelphia, arose over the use of the black-and-white American flag, with one horizontal blue stripe. The township argued the use of the flag was creating “discontent and distrust” in the community against the police.

Prohibiting the use of the thin blue line flag restricts the free speech of public employees under the First Amendment, U.S. District Judge Karen Marston decided.

“The Township repeatedly suggests that the Thin Blue Line American Flag is of limited, if any, public value or concern because it is ‘offensive’ and ‘racist,’” Marston wrote in the court opinion. “But as this Court previously told the Township, ‘the First Amendment protects speech even when it is considered “offensive.”'”

Wally Zimolong, an attorney representing the police officers, said the court’s ruling was a vindication of his clients’ claims.

“It was a resounding win for the First Amendment and free speech,” he said. “It showed once again that the government cannot engage in viewpoint discrimination based upon a message it disagrees with or finds offensive.”

Messages left with the township and their attorney seeking comment were not immediately answered.

Tensions began when the township police department’s union voted to incorporate the flag into its logo in 2021. Several of the township’s commissioners opposed the decision, due to the fact the symbol has become associated with Blue Lives Matter, a term which has been used by some police supporters in response to the Black Lives Matter movement.

Commissioners and the police union met to discuss the logo, but the union voted to deny the request to change it. The township offered to cover the cost of designing a new logo — saying a private donor had agreed to pay up to $10,000 to change it — but the union declined.

In October 2022, the matter escalated when the township’s lawyer and manager sent a cease-and-desist letter to the union, saying that the use of the flag in the union’s logo “unnecessarily exacerbates the ongoing conflict between police officers and the communities they serve,” directing the union to stop using the flag or remove Springfield Township from its name.

After the union refused to drop the flag or change its name, the commissioners adopted a policy that barred township employees, agents or consultants from displaying the flag while on duty or representing the township. It prohibited the display of the flag on personal property brought into a township building or from being displayed on township-owned property, including vehicles.

The police officers who brought the lawsuit, along with the statewide police union, argued that the flag is a “show of support” for law enforcement, representing “the preservation of the rule of law, the protection of peace and freedom, the sacrifice of fallen law enforcement officers and the dedication of law enforcement office(r)s,” according to the court opinion.

They argued they wanted to continue to display the flag in township buildings and publicly.

The court sided with the officers, saying that the township failed to demonstrate “real, not conjectural, harm” by using the flag and that the ban “addresses that harm in a direct and material way.”

In the opinion, Marston remarked that the township calling the flag “racist” and “offensive,” “at times borders on unprofessional.” Morale for the police force, she said, appeared to have taken a “significant toll from the repeated assertions that the police officers — and not merely the Flag — are racist.”

“Nevertheless, it is undeniable that the Flag carries racist undertones to certain members of the community,” she wrote in denying a request to impose sanctions on the township. “Indeed, the individual Plaintiffs admitted that they have been told the Flag carries racial undertones.”

(Josh Funk/AP)
(Photo by Curtis Walsh/Beaver County Radio)

A business owner with companies near where a Norfolk Southern train derailed and caught fire in February has sued the railroad for $500 million, saying most of his eastern Ohio companies have remained closed and he hasn’t been able to reach a financial settlement with the railroad.

Edwin Wang filed his federal lawsuit Tuesday. It comes amid government lawsuits against Norfolk Southern and a class action case on behalf of residents who have complained about the derailment’s impact on East Palestine, Ohio.

Wang’s companies make specialized ceramic fiber insulation products for steel mills. The wholesale part of his business, CeramSource, was able to reopen last month in a new location just over the nearby Pennsylvania border. But contamination concerns and the costly equipment Wang can’t afford to replace have kept his other companies closed. Before the derailment spilled chemicals on his property, Wang’s companies employed close to 50 people and had plans to expand.

Norfolk Southern declined to comment on the lawsuit, but spokesman Thomas Crosson said the railroad is “actively supporting businesses in their recovery efforts.” That includes reaching confidential settlements with 11 businesses and offering $1.8 million to 55 others.

The railroad’s CEO has also apologized for the derailment and pledged to make things right. As part of that, the railroad has committed nearly $102 million to the community, and has been working to clean up the mess left behind by the derailment. The EPA is monitoring those efforts.

The railroad told investors last month that costs associated with the derailment had reached nearly $1 billion and are expected to climb as the lawsuits are resolved. In addition to the lawsuits, the company is working out details of three long-term funds it pledged to create to help East Palestine recover.

Wang’s lawsuit blames the derailment on Norfolk Southern having cut its workforce in recent years and its decision to rely more on longer, heavier trains. Railroad unions have also alleged that those changes — as well as similar ones made in the rest of the industry — made railroads riskier. The company has defend its overall safety record and said the operational changes only made it more efficient. But it also pledged to improve safety and become the example in the industry.

Norfolk Southern’s actions before and after the derailment compounded the damage, Wang asserts in court documents that call the derailment an “unmitigated disaster of unimaginable portions with terrible consequences.”

The National Transportation Safety Board has said an overheated bearing on one of the railcars likely caused the derailment, but it won’t issue its final report until sometime next year.

Atlanta-based Norfolk Southern is one of the nation’s largest railroads and operates roughly 20,000 miles of track in the eastern United States.

HARRISBURG, Pa. (AP) — Democrats who control the state House of Representatives on Tuesday advanced an estimated $1.8 billion boost to the pensions of Pennsylvania state government and public school retirees, while some Republicans said taxpayers will unfairly shoulder the financial burden.

The legislation passed 140-63, with every Democrat supporting it.

It now goes on to the GOP-controlled state Senate, where it faces an uncertain future.

Gov. Josh Shapiro’s office declined to say whether the Democrat supports the bill, but would continue to review it as it moved chambers. The state’s teacher’s union hailed the legislation as “long overdue.”

The bill’s sponsor, Rep. Steve Malagari, D-Montgomery, said during floor debate that the bill is a modest request to help tens of thousands of pensioners with their financial struggles amid steep increases in inflation.

“Our teachers, our public servants deserve a retirement reflecting their commitment and not to be marred by financial hardship,” Malagari said.

Most House Republicans opposed the bill, saying the state has sought to help the low-income older Pennsylvanians by boosting subsidies for property taxes and rent. They said pensioners receive Social Security, which has been boosted by cost-of-living adjustments to reflect inflation.

Rep. Brad Roae, R-Crawford said that the legislation was “so expensive it cannot be funded in one year,” and could impact local property taxes as school districts have to shoulder the costs.

“Not to downplay anybody’s financial plight, but there are a lot of people that never worked for the state, never worked for the school district, that have much worse financial situations in retirement than retired school employees and state employees that we’re trying to help here,” he said.

House Minority Leader Rep. Bryan Cutler, R-Lancaster, recalled the past management of the state’s school employee pension system that included deferred payments and steep increases in property tax bills to help make up for it.

“For years, the General Assemblies of the past used the public pension system like an irresponsible teenager with a credit card,” he said. “Unfortunately, it has been the property taxpayers who continue to pay the price for those past mistakes. And this is the important part. They will continue to pay if this legislation is enacted in its current form.”

Under the bill, an estimated 69,000 pensioners would see an average annual bump in their pensions of a couple hundred dollars a month, for a total cost of nearly $1.8 billion, according to independent actuarial analysts.

The state would be on the hook to pay back most of it in annual installments over 10 years, while school districts also would owe a portion over that period.

More than 25,000 retirees from state government would see an average annual increase of $2,240 in the first year while roughly 43,500 retirees from public schools would see an average annual increase of $3,040 in the first year.

Eligible state government retirees are at an average age of nearly 80, and are expected to live an average of 12 years. Eligible public school retirees are at an average age of nearly 83 and are expected to live an average of 10 years.

Labor unions backing the change say pensioners who retired before 2001 have not had a cost-of-living increase since then, and are struggling to get by since inflation spiked two years ago. A 2001 law fattened pensions for people who had not yet retired, but did not apply to those who had already retired.

Neither of the state’s big pension systems are fully funded. In a statement, Senate Majority Leader Joe Pittman, R-Indiana, said the chamber would take a hard look at the bill with that in mind.

“I have genuine empathy for those who retired before 2001 and this is something which will be thoroughly reviewed,” Pittman said. “Obviously, we must be careful about the fragile nature of our pension funds.”

The push for the pension increase comes as the Pennsylvania state government is awash in cash after years of running deficits. It is sitting on approximately $14 billion in reserves, or almost one-third of its approved budget of $45 billion for the current fiscal year.

(Matt Drzik/Beaver County Radio)

Following the passing of the U.S. House bipartisan Continuing Resolution that will extend current government funding levels and avoid a federal shutdown, Congressman Chris Deluzio of Pennsylvania’s 17th District spoke about the vote that took place.

Says Deluzio: “A government shutdown would have hurt the people of Western Pennsylvania, and I’m proud today that I voted to keep our troops paid, safety inspections on schedule, federal agencies running, and so much else.

“Funding the government is a basic task of any Member of Congress. While I was proud to see House Democrats deliver 209 of the needed 288 votes, I was disappointed to see 42% of House Republicans (93 members) vote against funding the government and in favor of a shutdown that would have hurt so many folks in Western PA. I will always step up to do what’s right for folks back home.” 

Deluzio was one of 288 representatives to pass the resolution, which will continue federal government funding past the November 17 expiration date and into the start of 2024.

LONDON (AP) — A man who was arrested on suspicion of manslaughter in the death of American ice hockey player Adam Johnson, whose neck was cut by a skate during a game, was released on bail Wednesday.

Johnson, 29, was playing for the Nottingham Panthers against the Sheffield Steelers on Oct. 28 when he was struck by an opponent’s skate blade in the Elite Ice Hockey League game at Sheffield’s home arena in central England.

A post-mortem examination confirmed he died as a result of a fatal neck injury, police said.

South Yorkshire Police did not name the suspect or provide his age. He was arrested on Tuesday, and released on bail on Wednesday pending further inquiries.

Matt Petgrave, 31, who plays for Sheffield, was the other player involved in the grisly incident that reverberated around the hockey community and led to moments of silence in the NHL.

Video of the incident shows Johnson skating with the puck toward the Steelers net. Petgrave skates toward Johnson and collides with another Panthers player. Petgrave’s left skate kicks up as he begins to fall and the blade hits Johnson in the neck.

Both players land on the ice. Petgrave immediately got to his feet. Johnson rose more slowly and as he is helped off the ice, his jersey covered in blood. He later died at a local hospital.

“Our investigation launched immediately following this tragedy and we have been carrying out extensive inquiries ever since to piece together the events which led to the loss of Adam in these unprecedented circumstances,” Detective Chief Superintendent Becs Horsfall said.

Stephen Halloran, a criminal defense solicitor and managing director at Lawtons Solicitors in London, said manslaughter investigations are “not straightforward” and can be committed in several different ways in England and Wales. They can range from an offense that is not far from being an accident through to one that falls just short of murder.

He said that in this case police are potentially looking at involuntary manslaughter.

Halloran said that involuntary or unlawful act manslaughter is “when an unlawful killing has taken place but there was no intention to kill or to cause grievous bodily harm.”

In the case of voluntary manslaughter, all the elements for murder are present, including an intention to kill or cause serious harm, but the crime has been reduced to manslaughter by reason of loss of control or diminished responsibility due to a recognized mental condition.

It would be rare, but not unprecedented, for a hockey player to be charged.

Giacinto “Jim” Boni was charged in Italy with culpable homicide after he slashed Miran Schrott in the chest during a game on Jan. 14, 1992, and Schrott died as a result of a cardiac event. Boni pleaded guilty to manslaughter.

Two NHL players in recent history have been charged with a crime in Canada for an on-ice action: Marty McSorley and Todd Bertuzzi.

In 2000, McSorley was found guilty of assault with a deadly weapon for a two-handed slash to the head of Donald Brashear with his stick. He was sentenced to 18 months probation.

In 2004, Bertuzzi pleaded guilty to assault for grabbing Steve Moore from behind and sucker punching him. Bertuzzi agreed to a plea deal and was sentenced to one year probation and 80 hours of community service.

The Panthers said in a statement on social media that Johnson died tragically following a “freak accident.”

Nottingham teammate Westin Michaud, who posted tributes to Johnson, also defended Petgrave for what he said was an “unintentional clip” with the other player that uprighted him.

“The hate that Matt is receiving is terrible and completely uncalled for,” Michaud posted. “It’s clear to me his actions were unintentional and anyone suggesting otherwise is mistaken. Let’s come together and not spread unwarranted hate to someone who needs our support.”

Petgrave’s agent, Casey Kesselring, said he had no comment on the situation.

On Sunday, at the Steelers first home game since Johnson’s death, a moment of silence was held for him. Petgrave didn’t play in the game, but fans gave him a standing ovation when his team photo appeared on the scoreboard.

Johnson was a Minnesota native who appeared in a total of 13 NHL games with the Pittsburgh Penguins in the 2018-19 and 2019-20 seasons.

The English Ice Hockey Association, which governs the sport below the Elite League, reacted to Johnson’s death by requiring all players in England to wear neck guards from the start of 2024.

A spokesman for the EIHL said the league cannot comment on an ongoing police investigation. A Nottingham Panthers spokesman said the organization had no comment. Messages seeking comment sent to Johnson’s agent, a friend of the family, and the Sheffield Steelers were not immediately returned.

NHL VP of hockey operations Rod Pasma addressed general managers at their annual November meeting in Toronto on the matter of cut-proof equipment. Pasma said players have far more options than a decade ago, including 10 or more choices for wrist, body and Achilles tendon/foot protection.

“In the neck, we’re getting there,” Pasma said. “We (did not have) many a month ago, but as it sits today, I think there’s up to eight companies on my desk waiting to be cleared, and of those eight there’s probably 12-14 options to wear, should they choose.”

The league’s chief medical officer, Dr. Willem Meeuwisse, said team doctors and trainers took part in a big education session on major lacerations in the spring.

“We’re always tweaking and reviewing that kind of policy and procedure, equipment, personnel so we’re as prepared as possible to deal with a catastrophic injury,” Meeuwisse said. “We’re looking at, always, what could happen and how to prepare to deal with it best, and hopefully we don’t have the kind of bad outcome that happened a few weeks ago.”

(Sandy Giordano/Beaver County Radio)

At Tuesday night’s school board meeting, the Hopewell School Board approved the resignation of head football coach Matt Weiss, and boys’ soccer coach Nick Mohrbacher also had his resignation made official.

Hopewell Superintendent Dr. Jeff Beltz lamented at Tuesday’s school board meeting that there is still a shortage of bus drivers, and the district offers free CDL training to interested candidates.

Dr. Jeff Beltz also led the board and those in attendance in a moment of silence for two former district employees that passed away. Ed West was the elementary school facilities director, and  Nancy Miller who was an elementary teacher.

Isabella Rocca was hired as a long-term substitute music teacher for Independence and Margaret Ross Elementary Schools. Mike Lopata was hired as a substitute custodian.

The board’s next regular meeting will be held Tuesday, November 28, 2023 at 7 p.m..

Story by Curtis Walsh – Beaver County Radio News Director. Published November 14, 2023 3:08 P.M.

(Brighton Township, Pa) Dr. Marcus A. Platz joined Eddy Crow on Teleforum Tuesday to discuss his chiropractor practice that has moved into Brighton Township in the St. Barnabas Tusca Plaza. Dr. Platz, who is an Ohioville native, is excited to bring his practice to the residents of the county. “I think the beauty of chiropractor isn’t getting you out of pain quickly, the beauty of chiropractor is holding function for a lifetime”, Platz said.
You can learn more or book an anointment with MAP Chiropractic by visiting MAPchiropractic.com, calling 724-201-7400, or by email at MAPchiropractic@gmail.com.

(Brighton Township, Pa.)  Dale Reckless from MRS Physical Therapy in Bridgewater will be bringing the “Stretch Elf” with him Wednesday morning when he makes his monthly appearance on Teleforum. Dale will also be discussing MRS’s stretch experience and  gift certificate Christmas gift deals.  Tune in at 9:10 AM Wednesday, November 14th, 2023.

The phone lines will be open throughout the show to answer your questions about knee pain or any other ailment you made need advice about at 724-843-1888 and 724-774-1888.

The show is presented on 99.3 FM along with 1230 WBVP and on-line at beavercountyradio.com.

You can also click on the Facebook Logo below at show time to watch the show streaming live on the Beaver County Radio Facebook Page.

In the meantime before Wednesday’s show check out the latest MRS Physical /Therapy Newsletter at :http://mrsphysicaltherapy.com/

ETNA, Ohio (AP) — An emergency official says a charter bus carrying students from a high school was rear-ended by a semi-truck on an Ohio highway, leaving three people dead and 18 others injured. Licking County Emergency Management Agency Director Sean Grady says the charter bus was transporting students from from the Tuscarawas Valley Local School District in eastern Ohio. There were a total of 57 people onboard. The Ohio State Highway Patrol confirmed that people were killed in the crash but declined further comment since they were still notifying the victim’s families. The accident occurred shortly before 9 a.m. Tuesday on Interstate 70 West in Licking County, near the Smoke Road underpass. The cause wasn’t immediately known.