Posted on 09/01/2003 8:58:58 AM PDT by Polycarp
Atheist center’s fence is blasphemy in town
By SUSAN EVANS, TRIBUNE-DEMOCRAT NORTHERN CAMBRIA BUREAU
August 31, 2003
GALLITZIN – Lorie Polansky views her new fence as a way of keeping out vandals who already have desecrated her building with foul materials.
Local officials view the fence as illegally built, with a corner intruding on a borough road. They’ve issued a citation and are threatening further legal action.
Bank officials next door to Polansky decline to complain publicly, but privately say they are unhappy with the fence being so close to their drive-in window.
It seems there’s no mending of fences anytime soon. The controversy hits a year after Polansky, widow of ex-priest and atheist author Joseph Polansky, bought a former barber shop on Railroad Street, painted it bright red and labeled it “Atheist Station.”
After the initial stir of controversy regarding her meeting place for Pennsylvania atheists, a peaceful coexistence seemed to evolve.
The Atheist Station’s own Web site proclaims that as a goal: “Paraphrasing Lincoln’s words, we want to assure you that Atheist Station wishes ‘malice toward none and charity for all.’ Please understand that this community, this nation, this planet, this universe is our church.”
But now, Polansky contends that such peaceful coexistence has too often been in appearance only, and that harassment has been unrelenting in conservative Gallitzin.
Vandals have broken her windows, thrown eggs and human waste at the front of the building, and jammed her front door, she said in a telephone interview.
But borough officials counter that vandalism, while unfortunate, doesn’t give Polansky the right to build an illegal fence, especially one that protrudes on what they say is municipal property, and that the atheist center screams for attention.
It’s near the tracks on Railroad Street and is highly visible from the borough’s main tourist attraction, a railroad museum that commemorates the famous tunnels built in 1854 and 1904, and were targeted for destruction by the Confederates during the Civil War and the Germans during World War II.
History aside, the fence issue revolves around legal issues.
Borough Solicitor David Congiglio said a fence or building cannot be put on a borough road or right-of-way. But if the borough abandons the road, then the property rights revert to the landowner, he said in a telephone interview from his State College office.
Actually, the road is more of an alley, and Polansky counters that she had her property surveyed, and that the borough gave up all rights to the land in 1989. Council members disagree.
“I know the bank doesn’t like it there, and it is a public road, and it’s been a public road as long as I’ve lived in Gallitzin,” said borough Councilman John Szynal.
“The corner post is sitting in the street, and someone could run into it. That’s the reason we’re doing it this way. It’s been a road all these years, and we maintain it,” he said in a telephone interview.
Portage National Bank is keeping a low profile in the controversy.
“We do not have any dispute or complaint with the Atheist Station regarding the fence, but beyond that we really don’t have any comment,” spokeswoman Cindy Petrosky said in a telephone interview from the bank’s main office in Cambria Township.
But at the branch bank in Gallitzin, there are concerns that the intruding fence could pose a hazard, especially in winter, when customers go through the drive-in, said an employee who declined to be identified.
Even some borough officials are now wavering on whether the fence is on borough right-of-way.
“This is a dispute that’s really between the bank and her,” said Council President Nancy Buck in a telephone interview.
“Yes, the borough issued her a citation. But we dug deeper, and it may be between the bank and her.”
Buck challenged Polansky’s assertion that she needs the fence to protect her building.
“It’s just a 3-foot fence, and even I could jump over it. I wouldn’t think it offers any protection,” Buck said.
Gallitzin Mayor Nancy Knee declined comment, except to say any of Polansky’s complaints about vandalism should be reported to borough police.
There’s the rub, said Polansky.
“We’ve had ongoing vandalism, and the borough has not been interested in putting a stop to it, or catching those responsible,” she said.
“We’ve had several hundreds of dollars worth of damage. Someone shot out the windows and the door, and they’ve thrown feces and other rotten materials on the building, and they've jammed stuff in the lock,” she said.”
Gallitzin police Chief Jerry Hagen did not return several telephone messages seeking comment.
Polansky said the atheist center’s highly visible location has been beneficial to her goal of serving as an information center and meeting place.
“We’ve had atheists stop by because they saw us while visiting the tunnel. Three weeks ago a young couple was passing through on their way to Ohio and stopped by, so it’s been fortuitous,” she said.
In terms of the fence, said Congiglio, “You need a permit for a fence. There’s no question about that.
“And if it’s a borough road, or right-of-way, no person can put a fence on it, no matter who they are,” he said.
Polansky wouldn’t mind some fence-mending, she said.
“I would like to avoid any legal hassle, but I’m ready to go to court if that’s what the borough wants. I have my ducks in a row.”
©Tribune Democrat 2003
It is settled case law here on FR that religious displays have a perfect right, per Judge Moore, to exist on public property, right?
Well said. Liberals always want to operate outside the law with special priviliges and they can feel oppressed and therefore superior if they don't get the special treatment.
What should happen is that she should just get sued for all she's worth when someone crashes in to the post she put in the street.
Sounds like the work of God's soldiers.
Of course, given the record of atheistic governments over the last century, chain link fencing and barbed wire may be the perfect symbol of the religion of atheism. I'm just not sure this particular atheist kook has any constitutional right to erect her particular chain link fence outside her own private property. Maybe you disagree.
Read it and weep: "Even some borough officials are now wavering on whether the fence is on borough right-of-way."
Looks like the roadway encroaches on private property.
Well, you can't pick other religion's icons, but nonetheless, in the story, it looks like the roadway is encroaching private property.
The interesting thing about this story is not the property line dispute (which borough officials are backing away from) but the vandalism by God's enforcers.
Post-Gazette photo
Wide-angle lens, unusual perspective aided by strong sunlight.
;-)
That's no way to talk about God's goons.
Reread the story. The vandalism is by your Christian brothers and sisters.
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