Lawsuit contends Allegheny County Jail Oversight Board violates transparency laws

Two women who regularly attend Allegheny County Jail Oversight Board meetings are suing the board claiming it violates Sunshine Act laws on transparency.

Rachel C. Radke and Tanisha Long are being represented, in part, by the ACLU of Pennsylvania. They filed an amended complaint on Friday. Previously, Radke was the sole plaintiff listed when an initial lawsuit was filed in May.

Among the allegations: The board fails to post its public meeting agendas 24 hours in advance; that it unreasonably restricts and ignores public comments; and improperly uses closed, executive sessions on topics meant for public discussion.

“Chronic issues continue to plague the Allegheny County Jail while our incarcerated neighbors, many of whom have not been convicted of a crime, suffer the consequences — inadequate medical care, lockdowns, and death,” said Radke, a community advocate seeking reform at the jail, in a news release. “The oversight board has a duty to oversee the health and safekeeping of those inside. I am optimistic that this lawsuit will compel the board to carry out this vital responsibility with the appropriate public transparency and with the respect, empathy, and consideration it deserves.”

The lawsuit alleges that the Sunshine Act violations have become part of a pattern over the last year.

Allegheny County Common Pleas Judge Elliot Howsie took over as board chair in January 2022.

Previously, President Judge Kim Berkeley Clark held the position.

Since Howsie took over, the meetings have been more contentious between the board and members of the public who attend.

“The board has never adopted and published by-laws or meeting rules to regulate either operations generally or conduct of meetings specifically,” the complaint said. “The absence of clear promulgated rules leaves the board chair free to conduct operations in an arbitrary and capricious fashion, increasing the likelihood of Sunshine Act and other legal violations.”

A message seeking comment from Howsie was not immediately returned.

The complaint listed four instances since December where the meeting agenda was not published at least 24 hours in advance.

In addition, according to the county’s website providing rules for in-person public comments, they are supposed to be limited to five minutes. But, according to the complaint, during meetings, they have been restricted to three minutes.

The lawsuit notes that Howsie prohibits the public from asking questions during their comments, and if they ask a question, reprimands the person speaking.

“By prohibiting questions from members of the public at board meetings, the board is engaging in a content-based restriction on free expression within a designated public forum,” the complaint said.

It goes on to say that the board is improperly holding executive session for topics that should be discussed publicly.

“The Sunshine Act requires that ‘[t]he reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session,’” the complaint said.

“The county deserves a functioning oversight board that strives for transparency and respects the public’s right to participate in these meetings so that we can focus on improving the deplorable conditions inside the jail,” Long said in a news release by the ACLU.

The complaint seeks an injunction against the county to prevent ongoing harm.