11 INVESTIGATES EXCLUSIVE: City a no-show at Juneteenth court hearing, Judge hears arguments anyway
B. Marshall and his attorney were all ready to go for a hearing before a judge at the City-County building in downtown Pittsburgh Thursday morning, but the city attorney never showed.
The city, in a statement to 11 Investigates, claimed it didn't know about the hearing before Allegheny County Common Pleas Judge Dan Regan.
It was set for 9:30 a.m. after Marshall filed a petition last week asking a judge to force the city to act on his permit for his Juneteenth celebration that is two weeks away.
PREVIOUS COVERAGE >>> 11 Investigates: Attorney for Juneteenth organizer blasts city permit process, files legal action
'For the city of Pittsburgh to not show up today on such an important issue is extremely, highly disappointing,' said Phil DiLucente, Marshall's attorney.
Even though the city never showed, DiLucente was allowed to present his case to the judge.
'The city of Pittsburgh needs to step up. Time is of the essence. We are two weeks away,' DiLucente told the judge.
Marshall filed a petition last week with the courts to force the city to act on his permit application for his Juneteenth festival at Mellon Park in East Liberty later this month.
Marshall applied for the permit in February.
He said he's been getting the run around since then.
The city told 11 Investigates last week they were waiting for PennDOT to decide on closing Penn Avenue, but Marshall said today he withdrew that request more than a month ago.
His attorney also told the judge that Marshall does not want to close Penn Avenue anymore.
'They (the city) continue to tell that falsehood that we are blocking off Penn Avenue, but we are not, so that's why we know the application will be permitted and the festival will go forward,' said Marshall.
While the city did not attend the hearing, an attorney representing Bakery Square in East Liberty near Mellon Park did.
Jon Kamin expressed concern on behalf of the more than 500 residents who live near the park.
His biggest concern was with the potential closing of Penn Avenue, but after the hearing, Kamin said he was relieved that Penn Avenue wouldn't be closing, and wanted more details about the event.
Kamin said his clients were concerned that residents would not be able to get in and out of their apartments if Penn Avenue were closed.
'This is just about trying to understand what the decisions are going to be, and having a seat at the table so that we can make sure we are adequately represented and everybody's safe and can have a great time,' said Kamin.
Marshall believes the city is holding up the permit because of his well-publicized feud with Mayor Ed Gainey, who pulled $125,000 in funding from Marshall last year.
After public outcry, the city council reinstated Marshall's funding last year.
But the city also awarded a $125,000 contract to Bounce Marketing to put on an official city celebration last year.
11 Investigates learned that this year, the city is scaling back the celebration.
It won't be organized by a marketing firm, buy by the city's Department of Parks and Recreation.
PREVIOUS COVERAGE >>> New details emerging about Pittsburgh's Juneteenth celebration
The city has not released details about the event, but sources told 11 Investigates that it will include a small celebration with music and food on the North Side at Allegheny Commons East Park on June 14th from 1 p.m. to 5 p.m.
Marshall did not get any city money this year, but he said he has plenty of sponsors in place, along with musical acts like headliner Morris Day and The Time.
Marshall also has food and vendors lined up, as well as activities and games for everyone.
He's expecting 65,000 people to attend the festival.
After the hearing Thursday morning, Marshall and his attorney said they were both optimistic about the outcome of the case.
'You know my mother used to say, you can't fight city hall, but we fought them today and I think it's going to be a good outcome,' said DiLucente.
The city claims they were not aware of the hearing because they have not been served with the petition, and they said if Marshall no longer wants Penn Avenue closed, he needs to update his permit application.
The judge is expected to issue a ruling as soon as tomorrow.
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