Litigation resumes in Scouts case
Attempts to settle the city’s federal appeal to evict a local Boy Scouts of America council from a city building ended last month.
The case has moved back into active litigation, according to court records.
In an Aug. 3 filing, city attorneys asked the 3rd Circuit Court of Appeals for permission to file its brief in the case Sept. 27, rather than Aug. 28.
The attorneys said they needed 30 more days because of the “complicated” nature of the case.
Since 2008, the city has been trying to evict the BSA Cradle of Liberty Council from 231-251 N. 22nd St. because the council refuses to accept gays, nor will it pay fair-market rent.
But in 2010, a federal jury ruled the city’s eviction attempt placed an unconstitutional condition on the Scouts’ first-amendment right of expressive association.
The city, however, contends that jurors weren’t given an opportunity to adequately consider a rental-payment option the city offered the Scouts.
In March, U.S. District Judge Ronald L. Buckwalter upheld the jury verdict and ordered the city to pay the Scouts $877,122.07 in legal fees.
The following month, the city appealed Buckwalter’s rulings in the 3rd Circuit Court of Appeals.
The appeal was referred to the court’s mediation program, but mediation was unsuccessful, according to court records.
In their Aug. 3 filing, city attorneys also asked that the issue of paying the Scouts’ legal fees be addressed in a separate brief to simplify matters.
Not-guilty plea in prison assault
Kevin Vincent Hannig, a federal inmate accused of assaulting an openly gay inmate last year, pleaded not guilty to all charges at his Aug. 2 arraignment, according to court records.
Hannig is charged with causing serious bodily harm to Kenneth J. Houck Jr., and aiding and abetting the attack.
On Nov. 10, 2011, Houck was reading a gay novel inside his cell at the Federal Detention Center in Philadelphia when Hannig and another male allegedly pulled Houck by his legs from the top bunk bed, then stomped on him and beat him with a chair.
The tibia and fibula bones in Houck’s right leg were fractured during the incident, requiring the installation of a metal rod from ankle to knee for stabilization.
Houck told PGN he underwent several medical procedures to avoid amputation of his leg.
U.S. Magistrate Jacob P. Hart presided over Hannig’s arraignment.
Hannig, 34, faces up to 10 years in federal lock-up if convicted. He remains incarcerated at the Federal Detention Center.
W. Chris Montoya, an attorney for Hannig, couldn’t be reached for comment at press time.
Assistant U.S. Attorney Neuman Leverett 3rd, who’s prosecuting Hannig, declined to comment.
At the time of the assault, Houck was awaiting sentencing after pleading guilty to one count of transporting child pornography.
In February, U.S. District Judge Gregory M. Sleet sentenced Houck to 97 months in prison, to be followed by five years of supervised release.
Houck’s projected release date is March 3, 2018.
A trial date for Hannig hadn’t been set at press time.
— Tim Cwiek
Out at the movies for AIDS Law
The AIDS Law Project of Pennsylvania will host its annual Summer Movie Party fundraiser 6 p.m. Aug. 17 at William Way LGBT Community Center, 1315 Spruce St.
This year’s party will include a screening of Joan Crawford’s 1952 noir film “Sudden Fear.” The movie starts at 7:30 p.m.
Food and drink will be provided. Travel guides by Philadelphia Inquirer columnist Don Groff will be on sale for $1, with all proceeds going to ALP.
Tickets are $20 in advance or $25 at the door.
For more information or to purchase tickets, visit www.aids-lawpa.org.
— Jen Colletta