Pittsburgh judge sued over refusal to allow virtual courtroom access News
succo / Pixabay
Pittsburgh judge sued over refusal to allow virtual courtroom access

The American Civil Liberties Union of Pennsylvania filed a lawsuit Tuesday against Allegheny County Judge Anthony Mariani, alleging that Mariani violated the public’s First Amendment rights by blocking virtual access to courtroom proceedings. The lawsuit was filed in the US District Court for the Western District of Pennsylvania on behalf of the Abolitionist Law Center (ALC).

The ALC is a public interest law firm that litigates on behalf of individuals whose human rights are violated in prison. As part of its mission, ALC volunteers observe criminal court proceedings every week and report their observations of those proceedings to the public.

Because of COVID-19, court officials in Allegheny County required as many court proceedings as possible to be conducted through virtual technologies. As of February 24, 2021, the Fifth Judicial District President Judge ordered that the courts must make ongoing efforts to “reduce the amount of people present in court facilities while keeping the courts open to the public.”

Since January, volunteers have requested access to more than 100 hearings before Mariani. However, according to the complaint, the judge refuses to make the hearings available through online video conferencing, in contrast to all other Allegheny County judges. To access the hearings, Mariani requires observers to come in person, despite the fact that nine court employees had tested positive for COVID-19.

ALC argues that public access to courts is a First Amendment right, and it is asking the court to require virtual access to the proceedings.

Executive Director of the Pennsylvania ACLU Reggie Shuford stated: “Courts operate openly, not in secret, and this judge cannot be allowed to escape scrutiny while refusing to implement common sense strategies to prevent the spread of COVID-19.”