Discussions are underway to potentially resolve litigation over the release of referendum petition signatures tied to the Luzerne County anti-discrimination ordinance repeal effort, according to a new court filing.
Citizens Ben Herring and Walter Griffith filed the litigation against county Councilman Chris Belles in July due to his posting of a link to view the names and addresses of voters seeking a repeal referendum on the 2027 primary election ballot.
Herring and Griffith argued Belles’ release was not for a “legal electoral purpose” but instead “an act of targeted exposure designed to identify, and thereby deter, citizens from participating in the referendum process.”
Belles previously said he shared the link because he wanted public assistance on whether any signatures warranted challenging.
Belles was approved for county legal representation in the suit. His legal counsel moved the litigation from the county Court of Common Pleas to federal court and then filed a motion to dismiss the case Aug. 10.
The move to dismiss asserted there are no constitutional claims to pursue because Belles acted on his own in disclosing the information without county or council authority.
The plaintiffs’ brief in opposition to the dismissal was initially due Thursday.
Instead, legal counsel for both sides jointly submitted a request to extend that filing deadline until Nov. 19.
“The parties are discussing a possible resolution of this matter, and defense counsel expects an update shortly,” the filing said.
An extension would “allow those discussions to proceed without unnecessary briefing,” it said.
U.S. District Judge Julia K. Munley approved the extension Wednesday.
Even though the county is not named as a defendant, County Council has involvement in the litigation because the county is providing legal defense.
If the plaintiffs and defendant work out a proposed agreement, the council would have to publicly approve the settlement for it to take effect, Council Chairman Jimmy Sabatino and Vice Chairwoman Brittany Stephenson said Thursday.
County Chief Solicitor Harry W. Skene has said the administration followed standard protocol for submitting claims when it requested legal representation for Belles, and the carriers of the public officials policy and cyber insurance decided coverage would be afforded. The county must pay a $100,000 deductible before insurance payments kick in, the administration said.
Herring and Griffith have said Belles should not receive county representation because Belles posted the information on his own and not as an official action related to his council role. The litigation would have been filed against the county if the county had authorized the posting, Herring has said.
Griffith and Herring retained attorney J. Chadwick Schnee, of Lititz-based Schnee Legal Services. Belles is represented by attorneys John P. Morgenstern and Arthur Murphy, of O’Hagan Meyer in Philadelphia.
A separate legal action attempting to stop the repeal referendum from appearing on next year’s ballot is pending in the county Court of Common Pleas.
Six county residents filed that action seeking a court review of the petition, claiming the signature threshold was not met due to deficiencies. Representing petition signers, Griffith and Herring have challenged these deficiency assertions and said there are more than enough valid signatures to proceed with the referendum.
A three-judge panel set upcoming dates for necessary court filings from both sides.
Approved by a council majority in June, the anti-discrimination ordinance would require local citizen-panel adjudication of complaints that extend beyond county government and involve employment, housing, health care, education, and establishments that sell goods or services to the general public.
Supporters said the ordinance would protect classes not already covered in state and federal laws and speed up processing of complaints due to a state backlog. Critics argued the county should not get involved in such matters and raised concerns about potential liability, litigation, and added expenses.