BoroughVent Creators Embroiled in Battle with Disabilities-Rights Activist

Gettysburg, PAMarilynn Phillips who is a disabilities-rights activist and has knowledge of her rights has filed a complaint against three masters of a website BoroughVENT.com. It is a local forum in which users discuss issues of the local Gettysburg, PA area. Ms. Phillips has made accusation that The Goldens who own Gettysburg Signs and Matt Callery who owns GettysBike Tours are in violation of state and federal laws regarding civil rights for discrimination. The discrimination involves Mrs. Phillips' disability.

"She is asserting that the website owners have made prejudicial statements against her on the Internet site during 2007. According to Mrs. Phillips the owners made statements calling her a curse word with a reference to her being in a wheelchair. This has violated her state civil-rights. The statements made inferred that she was an extortionist and terrorist who files lawsuits for handicap ramps that need to be installed in area businesses. The comments are reported to have been defamatory in nature. Some of the comments were aimed at her husband Robert Winans as well. He has helped Mrs. Phillips to file the complaint against the website owners with the Pennsylvania Human Relations Commission.

Throughout several years, Mrs. Phillips has filed numerous complaints with Pennsylvania Human Relations Commission regarding area businesses. Her complaint has been the lack of access for persons with disabilities to gain entry into these businesses. Also, she has stated that they are out of compliance with federal accessibility standards. Mrs. Phillips has compiled one hundred seventy pages of information from the website BoroughVent.com. The posts that she has gathered were from August to October 2007. She has stated that the posts are in violation of the Americans with Disabilities Act.

Mr. Golden who co-owns Gettysburg Signs has countered by saying that his First Amendment Rights of Freedom of Speech have been violated. The Pennsylvania Human Relations Commission is obligated to investigate both Mrs. Phillips and Mr. Golden's separate claims of discrimination and the lack of freedom of speech. Experts that have looked at the issue of both the breach of the Americans with Disabilities Act and the First Amendment protecting Freedom of Speech, say this is a toss up. On one hand Mrs. Phillips is a public figure so she has placed herself in a position for public ridicule. However, because she is protected by the Americans with Disabilities Act, the circumstances may be different.

The interference with a person's civil rights is much different than that of free speech. Mrs. Phillips and her husband are awaiting a definitive decision from the Pennsylvania Human Relations Commission. Once they rule in their favor that their civil rights have been breached a lawsuit will follow in the Pennsylvania court system. Mrs. Phillips became aware of the defamatory comments while Google searching a business that she had a civil rights complaint to file against. When the comment about her appeared she was ready to dismiss just one comment. But, as she began to monitor the website, she became fearful when she found what seemed to be comments that were an all out attack against her.

By: Delsia Hartford