Court Cases

The ACLU of Pennsylvania has filed a lawsuit in the Court of Common Pleas in York, PA over the York County Board of Elections’ refusal to allow nonpartisan observers to witness the official canvass of the vote during the 2023 election cycle. The lawsuit alleges that York County’s refusal to admit public observers during its canvass procedure is a violation of the Pennsylvania Election Code, which mandates public access to the canvassing of election results. In November of 2023, a longtime York resident arrived at the county’s official canvass of election returns to observe the proceedings. An official from the county’s election office refused to allow the resident to enter the room where the official canvass meeting was taking place, incorrectly stating that the resident needed a “watcher’s certificate.” Watcher certificates are provided under Pennsylvania election law so that political parties and representatives can observe vote count canvasses. Residents unaffiliated with a party or a candidate do not need a watcher’s certificate to observe the computation of results from each district that occurs during an official canvass. ACLU-PA attorneys sent a letter to York County election officials raising concerns about their refusal to allow the volunteer to witness the canvass. The county responded that its actions were within the bounds of the law and that in refusing entry to the election canvass, it was hoping to prevent a "free for all" that "could be catastrophic." The lawsuit asks the court to mandate that York County follow the law by conducting a public canvass of election returns during the 2024 primary and general elections and to allow the plaintiff and other members of the public to observe the canvass.

The ACLU of Pennsylvania has filed a lawsuit against the Delaware County Office of Judicial Support’s due to the office's refusal to expunge a criminal record due to unpaid court costs, despite a court order requiring expungement.

The ACLU of Pennsylvania has filed an amended complaint against the Allegheny County Jail Oversight Board updating a previously filed lawsuit alleging multiple persistent violations of the Pennsylvania Sunshine Act. The lawsuit was originally filed by Rachel Radke, a community advocate who seeks a number of reforms at Allegheny County Jail. The latest filing adds another community advocate for criminal legal reform. The lawsuit alleges that the Allegheny County Jail Oversight Board failed to post public meeting agendas 24 hours in advance of the meeting; unreasonably restricted and ignored public comments; and used closed, executive session meetings to discuss topics that should have been part of public discourse.

The ACLU of Pennsylvania has filed a lawsuit in Berks County regarding two county policies that prohibit individuals from participating in treatment court programs as long as they use medical marijuana to treat their serious medical conditions.

The American Civil Liberties Union, the ACLU of Pennsylvania, and the law firm Dechert LLP have filed a lawsuit in federal court against the Saucon Valley School District for violating the First Amendment to the U.S. Constitution.

The ACLU of Pennsylvania and POWER Interfaith filed an amicus brief in support of a lawsuit brought by Philadelphia District Attorney Larry Krasner opposing impeachment proceedings in the state legislature.

On October 6, 2022, the ACLU of Pennsylvania filed a complaint with the U.S. Department of Justice and the Department of Education on behalf of seven students in Central Bucks School District who allege a culture of discrimination against LGBQ&T students, particularly trans and nonbinary students.

On October 28, 2021, the ACLU of Pennsylvania and the law firm Troutman Pepper Hamilton Sanders LLP filed a lawsuit against the Clearfield County commissioners for failing to follow state law when the commissioners voted to approve contracts with federal Immigration and Customs Enforcement (ICE).

On March 18, 2021, the ACLU of Pennsylvania and the law firm Offit Kurman P.C. filed a lawsuit in Philadelphia County Court of Common Pleas against the Board of Education of the School District of Philadelphia, challenging the board’s new policy limiting the number of speakers.