Federal court allows Barna to sue Panther Valley

A Nesquehoning man who was permanently banned from Panther Valley School Board meetings can sue the school board for violating his right to free speech, according to a federal appeals court that partly overturned a lower court’s decision.

John Barna filed a suit in 2012 alleging the school board violated his First Amendment rights.

After Barna repeatedly made threats against the board, they told him he was permanently banned from meetings.

Barna appealed the case after a federal-district court judge ruled in favor of the school board and its members.

The U.S. Third Circuit of Appeals recently ruled on the case, reversing some of the lower court’s decision.

It ruled that Barna’s suit against the school board can go ahead. It affirmed the lower court decision that Barna can’t sue the board members as individuals, but said that he can sue them in their official capacity as board members.

None of the board members named in the suit — Anthony Pondish, Koreen Nalesnik, Jeffrey Markovich, David Hiles, William Hunsicker, Anthony DeMarco and Donna Trimmel — are still serving on the board.

Barna is 85 years old. His attorney in the case was Gary Marchalk, who died in June.

Barna was permanently banned by the school board after a series of meetings in 2010 where he threatened board members. Both sides agree on the facts of the case.

According to court documents, Barna, who regularly spoke during the public comment period of board meetings, told the board during a meeting on April 8 that he and some friends had concerns about a contract that the board approved.

When board President Jeff Markovich suggested he bring his friends to the meeting, Barna said, “You wouldn’t like that. Some of my friends have guns.”

Barna maintains it was a joke, and said Markovich responded with another joke about bringing a bulletproof vest.

Before the next meeting, Markovich told Barna he couldn’t attend because his remark was perceived as a threat. Barna attended anyway, and made a comment about coming after board members.

He continued to attend meetings for another year, until October 2011, when he threatened to fight a board member.

Later that month, the board’s attorney wrote a letter to Barna, stating he was no longer permitted “to attend any further school board meetings, any extracurricular events or be physically present on the campus of the Panther Valley School District for any reason effective immediately.”

The letter to Barna also said, “Your conduct has become intolerable, threatening and obnoxious. You are interfering with the function of the school board and the school district as a whole.”

The case now goes back to U.S. District Court.

A number listed for Barna was not in service on Wednesday.