A Pottsville business owner says in a federal lawsuit that the City and several of its officials conspired and retaliated against him and his companies because he was critical of them during his run for office in 2023.
Bobby Weaver says Pottsville officials retaliated against him and his businesses only after he announced his candidacy for City Council in the 2023 election cycle. He alleges that because he, a Republican, was critical of the Democrat-led City Council, he was subjected to a coordinated effort to harm his businesses and silence him.
He – along with his businesses Black Rock Brewing Co. and Pottsville Athletics LLC – filed his lawsuit in September in US District Court for the Middle District of Pennsylvania and names the City of Pottsville, Pottsville City Council, council members Mark Atkinson, Bill Messaros, Dottie Botto, Barry Dewitt, and Dave Clews, as well as former City Administrator Tom Palamar and Code Enforcement Officer Justin Trefsger as defendants.
An amended complaint was filed on Oct. 7.
The lawsuit demands a jury trial and financial damages.
The Black Rock Saga Continues
Weaver’s saga over the condemnation of Black Rock Brewing Co. has been well-documented on this site. Following a kitchen fire in 2023, the city condemned the building and cited numerous safety violations as reason for doing so.
The city allegedly refused to inspect the property for more than 450 days after Weaver claimed to have fixed all those safety deficiencies, which he said were present with the property when a temporary occupancy permit was granted to him to initially open.
While the Black Rock building was marked condemned, Weaver was criminally cited by Trefsger for using the property’s courtyard for free events. The lawsuit alleges that Trefsger acted at the direction of other defendants and without personal knowledge of the alleged actions.
The defendants allegedly refused to accept building plans for a second-floor expansion of the restaurant, relying on an “incorrect” and “perversion” of code interpretations, the lawsuit claims. This decision was later overturned by the Court of Common Pleas.
And after he filed this retaliation lawsuit, Weaver alleges that Black Rock submitted new plans to expand the restaurant to three floors and selected a certified third-party inspection agency as permitted by city policy.
However, on Sept. 22, after learning of the lawsuit, the City, including Trefsger, allegedly unilaterally revoked the third-party selection and stated they would reject the plans without review, again citing the previously rejected interpretation of code.
Gym Condemned, Lease Terminated
Weaver also alleges in his lawsuit that the City targeted his other businesses, including a gymnasium he purchased at 315 Howard Ave. and leased to Gillingham Charter School so it could have physical education classes.
After he announced his candidacy in 2023, Weaver claims that the City conducted various inspections at the gym and “fabricated” code violations that led to its condemnation, too.
With the gym condemned, Weaver and Gillingham were forced to terminate the lease agreement.
Weaver says the City refused to cooperate with him and his requests for information, direction, assistance, and inspections with regard to the gym.
Deal with Alvernia University Spoiled
The lawsuit also alleges that the City put the screws to Alvernia University on its plans to expand the campus to include a student center.
Part of that expansion plan included a proposed coffee shop and Weaver says he had an agreement worked out with Alvernia to open a second coffee shop in Pottsville at the school. Weaver’s wife, Abby, is the owner of Pressed coffee shop on Mahantongo St.
However, in order to expand the campus, Alvernia said it would need grant funding and those grant applications would require Pottsville’s approval, the lawsuit claims.
Weaver says once Pottsville found out that Alvernia had a deal in place with Weaver, it said it would not approve grant applications. So, Alvernia terminated its agreement with Weaver.
“The actions of the Defendants were done with a wanton disregard for the wellbeing of the Plaintiffs and with the direct intent to harm them for the Defendants’ own benefit,” the lawsuit alleges
The lawsuit asserts the following counts against the defendants:
- Count I: Violation of 5th and 14th Amendment (Substantive Due Process): Alleging that the defendants’ actions were arbitrary, capricious, and intended to deprive the plaintiffs of life, liberty, and the pursuit of happiness.
- Count II: Violation of the 1st Amendment (Freedom of Speech): Alleging that the defendants conspired to harm the plaintiffs due to Weaver running for office and his public statements criticizing the defendants’ conduct.
- Count III: Violation of the 1st Amendment (against Justin Trefsger individually): Similar to Count II, specifically targeting Trefsger’s actions in his official capacity.
- Count V: Violation of the 14th Amendment (Equal Protection): Alleging that the defendants enforced, applied, and interpreted laws differently against the plaintiffs compared to other individuals and businesses, ignoring their obligations while cooperating with others.
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