On February 8, the 3rd circuit upheld the action of a federal jury, in Carey v Wilkes-Barre, 07-2226. The eight-page decision is here.

In 2004, Denise Carey had organized a referendum petition, asking the voters to reverse a decision of the city to close a neighborhood fire station. Her petition seemed not to have enough valid signatures, so Carey had withdrawn it. Nevertheless, the city had then won an order in state court, ordering Carey to pay $11,056 for the costs of checking her petition.

Carey had then counter-sued the city in federal court, arguing that the $11,056 in fees against her was an illegal punishment for exercising free speech and petition rights. She had won her counter-suit before the federal jury, which awarded $67,000 to her. The city had then appealed that to the 3rd circuit, but the 3rd circuit has now upheld the jury verdict in her favor. This outcome may indirectly help to win the case now pending in the 3rd circuit against the unique Pennsylvania system that awards fees to people who challenge petition validity. The name of that case is Constitution Party v Cortes. Thanks to Oliver Hall for this news.