Skateboard squabble ongoing Tamaqua magistrate to decide public vs. private nuisance

Monte Simard will have to wait a while longer before a Tamaqua justice decides whether the 13-year-old can ride a skateboard in the basement of his Schuylkill Avenue home.
Monte, the son of Tamaqua Councilwoman Ann Simard, had his summary hearing on a disorderly conduct charge before District Justice Andrew B. Zelonis continued until Wednesday, Feb. 25, at 4 p.m.
Attorneys for the Simards and their next door neighbors, Mary and Noranne Baddick, will prepare briefs on the case prior to the hearing date, at which time testimony will also be heard, said Zelonis.
Simard's skateboarding on a homemade ramp in his residence has received widespread media attention since his mother contacted reporters about the citation, issued by Tamaqua Patrolman David Mattson on Jan. 23.
The Simards live in half of a double house at 119 Schuylkill Avenue, and the activity has generated complaints to the police by the Baddicks.
Mary Baddick, 79, is in ill health, and her daughter, Noranne, as well as Mary's son, the Rev. Thomas D. Baddick of Whitehall, charge that the noise from the skateboarding has disturbed their mother and contributed to the worsening of her condition.
The citation carries a $10 fine. The Simards have pleaded not guilty.
Prior to Wednesday's scheduled hearing time, Tamaqua Police Corporal Jack O'Connor read a prepared statement on the case.
"Tamaqua Police received approximately 11 calls between Oct. 27, 2003, and Feb. 4, 2004, reporting loud noise at 119 Schuylkill Avenue," said O'Connor. "From the first call, officers learned the noise was caused by a male juvenile riding a skateboard in the basement of the home. "The officers entered the complainant's home and did hear the noise coming from 119 Schuylkill Avenue. The homes in question are connected, and sound does carry very easily between the homes.
"The complainant, being very elderly and with health concerns, told the officers that the noise was disturbing and seriously did annoy her. The owner did attempt to speak with the property owner to resolve the problem.
http://www.tnonline.com/online/localnews/04thursday/tam.html

The rest of the article.

Public vs. private
The briefs to be prepared by Attorney Nicholas Quinn, Pottsville, who is representing the Simards, and Dominic Farole, Whitehall, on behalf of the commonwealth and the Baddicks, will center on whether the matter is a private nuisance, with civil remedies, or a public nuisance, with criminal remedies.
"This is not an issue as to whether someone is skateboarding, or even if someone is disturbed by it next door," explained Zelonis.
In the interim, Zelonis said Simard can be cited by police as many times as there is sufficient evidence to do so. However, Ann Simard said her son hasn't used his skateboard inside since the citation, other than to demonstrate it for the media.
Quinn said he believes the matter is a civil matter due to its nature as a private nuisance. Farole, however, will argue the opposite.
"This is a public matter, and the police have jurisdiction for disorderly conduct," said Farole. "Every person has the right to enjoy their house as they see fit, unless someone is violating their rights.
"My clients have no desire to stop him from skateboarding. It's the nature of small towns like Tamaqua that the party walls they share are very thin. Mrs. Baddick is a 79-year-old woman who is very frail, and her schedule is very different from Monte's.
Ann Simard feels her son's skateboarding is not responsible for her neighbor's faltering health.
"I feel sorry that she's ill, but as a medical person, I know noise won't cause an irregular heartbeat," said Simard, a single parent who is employed as a nurse at Lehigh Valley Hospital, Allentown.
Prioir to the continuance, Simard announced the hearing would not happen at this time because of a question about Farole's certification with Zelonis to represent his clients.
Among those who attended to offer testimony on the Simards' behalf were the Rev. Bruce Sellers, pastor of Tamaqua's Primitive Methodist Church, and Tamaqua teachers Timothy Murphy and Jon Bonner.
Joseph Salla, who identified himself as Ann Simard's former fiance, also showed up at Zelonis' office. Salla suggested Simard's version of the events in this case is not what happened, but said further comment from him would come at the hearing.
Solution in sight?
Simard said she is hopeful of reaching an agreement on the magisterial level. She is considering renting a garage in West Penn Township for Monte to skateboard. She mentioned a three-car garage owned by the family of James Martin, 13, a friend of her son who accompanied the Simards to the hearing.
"The best solution to keep the peace is to rent the garage for my son to skateboard in winter and on rainy days," she said.
Farole said the attorneys were unable to resolve the issue despite talking for five to seven days prior to the hearing. He added that a civil suit would certainly be appropriate on the Baddicks' behalf, but whether they go that route is another matter.
In the meantime, Monte Simard will find other ways to keep busy.
"I'm anxious to get this over with," said the teen. "I'll probably try to get more A.R. (Accelerated Reader, a Tamaqua Area school program) points reading until then."

LOL!
I don't skateboard myself, but basically the neighbor is a chronic complainer, and teh kid skateboards.
Well, considering that skateboarding has been banned in public places, that leaves private areas for skateboarding.
Like your own basement.
Basically, they're going to say (regulate) what you can or cannot do in your own home - as far as it pertains to the demon skateboard.
Living as I do in NY state, I've gotten to see the locals in my area ban skateboardsdue to the supposed nuisance they are, yet seemingly have no problem with loud car stereos, street rodding, gangs moving in, and various other things much more of a nuisance than the demon skateboards.
Now obviously there's more to this than the article reveals.
What it might be, I cannot even begin to guess.
But in my area, if you are seen merely CARRYING a skateboard you are treated as if you're a psychotic postal employee with an arsenal.
They even cite you on some bogus regulation and confiscate your contraband skateboard.
(This is seen in Port Jervis NY. Unless they've decided to give up on this in the past two years.)

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