Philadelphia City Councilman-at-Large Jack Kelly (R) last week lost his civil suit against a local man who Kelly contends spread antigay rhetoric about him that nearly cost him his seat.
A jury found Jan. 15 that the leaflets distributed in 2007 by Lawncrest resident Paul Corbett — which criticize Kelly’s support for the eviction of the local Boy Scouts chapter from its Philadelphia headquarters — contained false statements and damaged Kelly’s reputation but were not distributed with malice.
As Kelly, 71, is a public figure, a guilty verdict requires proof of malice — reckless disregard of the truth or the knowledge that the claims being made were false.
Kelly could not be reached for comment about the verdict.
Corbett’s campaign stemmed from City Council’s May 2007 decision that it could no longer provide rent-free city property to the Cradle of Liberty Council because the Boy Scouts’ policy of not admitting gay members violates the city’s Fair Practices Ordinance. Kelly was one of 16 — out of 17 — councilmembers who voted that the chapter should be evicted or pay fair-market rent.
Corbett’s fliers, about 5,000 of which were posted on vehicles outside 20 Roman Catholic and Baptist churches in the Northeast in the weeks leading up to the November 2007 election, read: “Councilman Jack Kelly voted with the homosexual lobby to remove the Boy Scouts from their city rent-free headquarters. The Scouts can remain only if they agree with the homosexual agenda, which would promote sodomy to our youth. Not too long ago this would have caused Jack Kelly to be tarred and feathered for contributing to the delinquency of minors. Today, all we can do is retire him from City Council.”
The fliers were attributed to Citizens Opposed to Politicians who Pander to Perverts, a group Corbett said consists of himself, his wife and about 30 family members.
Kelly won the election against challenger David Oh by just 123 votes, a determination that was made after a recount.
Kelly filed the suit in September 2008, seeking more than $27,000 to cover legal and public-relations fees he said he incurred because of Corbett’s campaign and during the ballot recount.
During the proceeding, Corbett said he targeted Kelly because he didn’t have enough funding to campaign against each Council member who voted for the eviction, but pledged to launch a new campaign aimed at Councilman-at-Large Frank Rizzo (R). Corbett also said he plans to go after U.S. Rep. Patrick Murphy (D-8th Dist.) for his efforts to repeal “Don’t Ask, Don’t Tell.”
The Philadelphia Inquirer reported that during testimony last week, Corbett contended he undertook the campaign to fight against the “homosexual agenda.”
“We’re talking about homosexual activity being forced on the Boy Scouts, 12-year-olds,” Corbett said. “The only way [gays] can continue their culture is to get people to join them because they don’t reproduce like normal people.”
He said he was “joyous” that his campaign may have nearly derailed Kelly’s chances at reelection and said “the intent was to show the rest of [City Council] that, hey, we can get you.”
The trial began Jan. 11 with a heated exchange between Corbett’s attorney, C. Scott Shields, and presiding Judge Albert Snite Jr.
The judge repeatedly instructed Shields to stop reading portions of the Pennsylvania Constitution for the jurors during his opening statement, as he said it was his responsibility to explain the law to the jury. After he had to stop Shields three times, Snite banged his fist on the bench and ordered the attorney to “stop smiling.” Snite called in a sheriff to stand by in case he ordered Shields into custody.
Shields asked the judge to declare a mistrial after the exchange, but the judge denied his motion.
During his testimony, Kelly denied Corbett’s assertion that he voted for the eviction to curry favor with LGBT voters.
“I want everyone to be happy with me,” Kelly said. “You try to help as many people as you can. As a politician, that’s what you try to do. I represent everyone in the city. I don’t just represent Irish men from the Northeast.”
Jen Colletta can be reached at [email protected].