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Bowmanstown questioned about denying entrance to a few residents

A Bowmanstown man has accused borough officials of violating a state law after refusing entrance to several members of the public because it didn’t have enough room to seat them.

Resident Robert Sikorsky told borough council during Tuesday’s meeting that he believes the decision to turn away several members of the public was a violation of the Sunshine Law.

However, council President William Ravert explained to Sikorsky that there is limited space inside the borough building, and noted they have to stay 6 feet apart.

“We also have to abide by the governor’s rules, and we have to have social distancing,” Ravert said. “It’s the governor’s rules and guidelines; that’s what we have to abide by.”

Solicitor Anthony Giovannini Jr., who sat in place of borough solicitor James F. Preston, said council may want to “explore possible technological things. It’s something to take into consideration.”

Councilwoman Barbara Eastland asked whether the fire company would be a viable place for council to conduct its meeting.

Councilman Darren Thomas replied that it would not.

It was then mentioned that there were four members of the public who were not allowed inside the building.

Ravert explained that at the present time, council could not accommodate any more people.

Councilwoman Kara Scott questioned whether that was legal.

Councilman Rob Moyer said council did explore other options.

“It’s a cluster all around,” Moyer said.

Only a judge can determine whether a violation of the Sunshine Law actually occurred, according to Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Assocation.

“I do think there is a problem here,” Melewsky said. No one can ever be turned away from a public meeting.

Melewsky added, “Agencies like the borough have a legal obligation to facilitate public access to a public meeting, that’s the purpose of a public meeting.

“What I’ve seen other agencies do in this situation is they’ve moved their meetings to another public venue to accommodate everyone and to follow social distancing,” she said. “Move to a bigger location, and obviously provide notice that you’re moving to a bigger location.

“No member of the public should ever be turned away from a public meeting. It sounds to me like the agency in this situation needs to do a little bit of planning before their next meeting in order to accommodate everyone who’s interested in attending.”

Last month, the question of mask-wearing came up at a Bowmanstown Borough Council meeting in which some members of council declined the request of a colleague to put on their masks.

Those in attendance at Tuesday’s meeting wore masks.