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DOJ settlement will bring new protections for people with opioid use disorder in Pa. courts

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DOJ settlement will bring new protections for people with opioid use disorder in Pa. courts


This story originally appeared on Spotlight PA.

A recent settlement between the U.S. Department of Justice and the Pennsylvania court system offers new protections to people who county courts allegedly barred from taking medications for opioid use disorder.

The agreement follows the DOJ alleging the system forced some people under court supervision into a lose-lose scenario: Give up medication prescribed by a doctor or risk going to jail.

Advocates celebrated the settlement, which requires that three county court systems adopt an anti-discrimination policy for substance use disorder medications and that statewide court administrators encourage all other county court systems to do the same.

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While still denying the claims, officials overseeing Pennsylvania’s court system agreed to pay $100,000 total to individuals allegedly harmed by the restrictions. Statewide court administrators must also provide training to all judges handling criminal matters and report on which counties agree to adopt the anti-discrimination policy.

“This case makes it clear that those practices are illegal, they’re dangerous, and they need to stop,” Sally Friedman, an attorney with the advocacy group the Legal Action Center, told Spotlight PA. “And I think other courts around the country are going to pay attention.”

Sonya Mosey is one of the people whose complaint prompted the Justice Department lawsuit. In a previous Spotlight PA story, she described how an opioid use disorder medication ban in Jefferson County in 2018 led her to fear she would relapse and die.

After she learned of the settlement, she cried on the way to work.

“It was a relief,” she said. “But it was also … a sense of like all this time and we finally got somewhere.”

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The Department of Justice lawsuit named as defendants the entire state court system, the Pennsylvania Supreme Court, and four individual county courts.

The agreement requires three of those county court systems — Blair, Jefferson, and Northumberland — to adopt an agreed upon nondiscrimination policy for medications for opioid use disorder.

The two sides agreed for the state Supreme Court to be dismissed from the case. The Pennsylvania Supreme Court’s administrative arm agreed to take a number of actions to implement the settlement.

What did the two sides say about the settlement?

Throughout the case, the two sides have offered differing interpretations of the scope of the alleged violations.

Stacey Witalec, a spokesperson for the administrative arm of the Pennsylvania Supreme Court, said in a statement that the DOJ claimed violations of the Americans with Disabilities Act were committed by “a few local treatment courts” and that the federal agency “found no systemic” violations.

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That description contrasted with how the Department of Justice described the case in earlier legal filings. The agency identified six unnamed individuals who it says were harmed in four counties, and it listed seven other counties that it alleged have or recently had administrative policies restricting the use of opioid use disorder medication.

Those 11 county courts have tens of thousands of people under supervision, many for drug law violations, and there is “thus a high likelihood” that Pennsylvania courts harmed others with opioid use disorder, the Justice Department alleged in a legal filing last September.

The agreement will “alleviate the burden of the ongoing litigation on the courts, who continue to deny the DOJ’s claims,” said Witalec. Under the state constitution, the Pennsylvania Supreme Court has “general supervisory and administrative authority” over the lower courts in the state system.

Witalec called Pennsylvania’s court system a national leader for offering effective treatment and rehabilitation opportunities. She said courts here “reiterate their continuing and steadfast commitment to our treatment courts and to providing full access to the justice system and fair and evenhanded treatment to all citizens, including those with disabilities.”

In a news release, the DOJ emphasized the $100,000 compensation the court system agreed to pay, policy changes and recommendations, and training required under the settlement.

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“People with opioid use disorder caught up in the criminal justice system should be supported in seeking treatments that can help them attain recovery,” said Kristen Clarke, assistant attorney general of the Justice Department’s Civil Rights Division.



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Man arrested over alleged antisemitic threats to Gov. Josh Shapiro | The Jerusalem Post

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Man arrested over alleged antisemitic threats to Gov. Josh Shapiro | The Jerusalem Post


Richard John Franklin, 65, had reportedly visited the district office to seek assistance with paying outstanding taxes.

While being helped by a staff member, he began using antisemitic slurs directed at Governor Shapiro and threatened to commit arson at the governor’s mansion, police stated.

After making these threats, state troopers from the Political Violence Threat Unit met with Franklin at his home later that day, where he provided inconsistent accounts of the incident at the district office, CBS News reported.

According to the police report, Franklin admitted to using an antisemitic slur and claimed that his statements about burning the governor’s mansion were ‘sympathetic’ and ‘positive in nature’ because the Governor and his family had previously survived an arson attack.

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Franklin was taken into custody and charged with terrorist threats, ethnic intimidation, harassment, and disorderly conduct.

He was taken to Pennsylvania’s Delaware County Prison after he was unable to post $100,000 bail, and scheduled for a preliminary hearing next week, according to CBS News.

Shapiro and his family had previously survived an arson attack last year while celebrating Passover.

Their residence was set on fire overnight, prompting the family’s evacuation.

This previous attack was reportedly motivated by Shapiro’s perceived stance on Palestine.

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The attacker, Cody Balmer, called 911 shortly after the incident occurred early on a Sunday morning, identifying himself and telling the operators that Shapiro needed to know he “will not take part in his plans for what he wants to do to the Palestinian people,” according to the police search warrant.

Reuters and the Jerusalem Post Staff contributed to this report.





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PA state rep. wants to force the York State Fair to change its name

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PA state rep. wants to force the York State Fair to change its name


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Will the York State Fair have to change its name?

State Rep. Catherine Wallen of the 193rd House District, which stretches from Shippensburg to New Oxford, plans to introduce legislation that would prohibit fairs from using the title “state fair” in their name or advertising.

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She noted that “a wave of a few fairs” recently has started using the word “state” in their name. There isn’t a statute that allows the use of a “state fair” title in Pennsylvania.

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“This legislation would change that to keep all fairs across the state on the same level and not allude that they are recognized as the Official State fair of Pennsylvania,” Wallen wrote. “The only event that truly has claim to that title is the Pennsylvania Farm Show that is held annually in Harrisburg.”

The annual agricultural fair in York County, formerly known as the York Fair, added the word “state” to its name in 2020. The event, which was set to move to July that year, had to be canceled because of the coronavirus pandemic.

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The Agricultural Society Board of Directors voted in 2019 to change the name to join other large fairs across the country that include “state” in the name, according to a news release at the time.

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“We are as big as many state fairs across the country in terms of attendance, entries, entertainment, amusement rides, facilities, staffing and budget so the question became why not recognize ourselves as a state fair level event by calling ourselves the York State Fair,” then-CEO Bryan Blair said in the release at the time.

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Patrick Ball, the fair’s current CEO, said fair officials are trying to learn more about the proposed legislation.

Teresa Boeckel is a reporter for the York Daily Record, part of the USA TODAY NETWORK. Contact her at tboeckel@ydr.com.



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‘Natural splendor at its best’: Penn’s Cave may become Pa.’s next state park

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‘Natural splendor at its best’: Penn’s Cave may become Pa.’s next state park


The boat dock at the entrance of Penn’s Cave.
HUNTER SMITH / THE EXPRESS

HUNTER SMITH / THE EXPRESS
The colored light room in Penn’s Cave.

BELLEFONTE — After four generations of family stewardship, the owners of Penn’s Cave and Wildlife Park are asking the state to take over one of Centre County’s most iconic attractions in an effort to preserve it from future development.

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Following remarks from CEO Russ Schleiden and his daughter, Jeanine Watson, the Centre County Commissioners on Tuesday endorsed the plan to make the natural wonder Pennsylvania’s 126th state park.

“This has been a very difficult decision for us,” said Schleiden. “But we feel that it’s a very important part of, not only Centre County, but the Commonwealth of Pennsylvania, and that it should be preserved in perpetuity.”

The Schleiden family has spent decades as custodians of America’s only all-water, limestone cavern, working to expand and conserve Penn’s Cave, which contains the headwaters of Penn’s Creek. To ensure the 1,400 acres of land and its waters are around for generations to come, the family is petitioning the Pennsylvania Department of Conservation and Natural Resources (DCNR) to designate the Penn’s Cave estate a state park and take over its stewardship.

The proposed transfer includes the cavern, Cave House, surrounding land and waterways, five homes and several barns. Watson said the family has been working toward the proposal for three years.

“I know the state, DCNR, has wonderful plans and visions for enhancing it and taking it to that next level beyond what we could do,” she said.

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Penn’s Creek, which starts in the cavern, flows 34 miles to Selinsgrove where it joins the Susquehanna River Basin before emptying into the Chesapeake. The state has made significant investments in protecting those waters, and the proposed transition would expand that work.

“The tributaries also support the native brook trout,” said Schleiden, naming specifically Little Poe and Big Poe creeks, which are known for their fishing.

Penn’s Cave, he said, has always been supportive of “wildlife for everyone.”

With the commissioners’ help, Penn’s Cave and Wildlife Park has invested $2 million into the local wetlands, protecting local fauna while improving the area’s accessibility. Schleiden said transferring ownership to the state would ensure that mission remains central to the property.

“We strongly desire this to go to the state to protect and continue to conserve, and have it available to the public,” Watson said.

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The property also carries historical significance. Penn’s Cave and Hotel was listed on the National Register of Historic Places in April 1978 for its local importance.

The Cave House, or hotel, was built in 1885 by the Long family, who first commercialized the cavern. At the time, visitors traversed the cave by boat using lanterns. That changed in 1927, when the Campbell family, who emigrated from Scotland to the land, electrified the cave.

“It probably had electricity before more than most of the local residents,” Schleiden said.

State Rep. Kerry Benninghoff, who helped coordinate with the state on the proposed transition, also joined the commissioners for the discussion.

Benninghoff said the move would require the endorsement of the governor and both chambers of the General Assembly. The governor is aware of the plan and visited the site last year, and Benninghoff said he has drafted legislation outlining the mechanics of the transition.

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“I can’t think of a better time in our country and our county’s history, at the semiquincentennial, to make this a reality,” he said. “If you want to look at Americana in its best, the park I think exemplifies that.”

“In the long run, I think this is a tremendous investment for the commonwealth,” Benninghoff said, noting the transition would not be easy but the commissioners’ endorsement could help move the project forward during this budget cycle.

The proposal also carries potential economic benefits for the region.

Penn’s Cave and Wildlife Park already attracts visitors from all 50 states and several countries. During its peak season, the park employs dozens of local community members. The attraction is a multigenerational employer in Gregg Township, providing jobs for members of the Schleiden family and their employees, many of whom are young adults and teens.

Transferring ownership to DCNR and becoming Pennsylvania’s 126th state park could increase tourism and economic engagement in the area, the owners said. State parks in rural communities often bring tourism dollars and expand employment opportunities as operations grow.

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Benninghoff said he could envision additional public amenities, including a campground, while emphasizing the property would remain accessible.

“This is not going to be an exclusive property that no one can access,” she said. “It’s actually one we want more people to enjoy.”

The commissioners each praised the work Schleiden and Watson have done and expressed support for the state park designation, citing the conservation, education, historical, tourism and recreational benefits of the proposal.

“Penn’s Cave is a premier tourist attraction in Centre County,” said Commissioner Mark Higgins, who noted it is one of only a few caves accessible by boat worldwide. “With the trout in the water and the wild animals surrounding it in the wildlife park, it’s a really, really fun half-day attraction to visit.”

“It’s just irreplaceable,” he said.

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Commissioner Amber Concepcion called the property “an outstanding area of natural beauty” and added that it provides an opportunity for education and recreation.

“It’s a great place for kids to learn and for adults and people of all ages to spend a summer afternoon,” she said. “It would make a fantastic state park.”

Dershem called the opportunity “once in a lifetime” and said it would be a “crying shame” if the property were developed instead.

“This is an amazing opportunity for the Commonwealth of Pennsylvania to invest in a property that is literally irreplaceable, iconic to our region and unique. I don’t know that you’ll find anything quite like it,” Dershem said. “It’s an amazing place.”

Penn’s Cave, he added, “represents who we are in Centre County” and is “natural splendor at its best.”

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Benninghoff said their support will emphasize the urgency of completing the transition to state legislators.

“This endorsement by the county, visitors bureau and other people helps to emphasize that we’d really like to get this done, and time is of the essence,” he said. “People have been knocking on their door, wanting to purchase this land and break it all apart, and a lot of it would go into development.”



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