Last Wednesday's decision of a Pennsylvania appellate court in Commonwealth v. Balcom (by Judge Alice Beck Dubow, joined by Judges Deborah Kunselman & Carolyn Nichols) involved a dispute between neighbors. O'Donnell and Collier, a gay couple, lived with their sons "and their daughter, K.H., who is transgender"; Balcom lived next door, "and she and Victim's [O'Donnell's] family have had an acrimonious relationship for several years. Appellant's backyard abuts Victim's backyard, with a fence along the shared property line."
Mr. Collier was parking his car on the street near their home after picking up their sons when Appellant [Balcom], who was in her car, displayed a sign in the rear window of her car that said, "only women can be mothers." The next evening, Victim and his family returned home to find that Appellant had placed a large sign on the fence facing their back yard, and K.H.'s bedroom window, that said "'transing' kids is abuse and homophobia[.]" The sign was only visible from Victim's house or yard and to anyone walking their dogs in the adjacent alley if they "crane[d] their necks."
Victim filed a private criminal complaint against Appellant, in which he referenced the backyard sign and stated that Appellant had been "harassing [his family] for 2 years." Accordingly, the Commonwealth charged Appellant with Harassment, a summary offense.
The Magisterial District Court convicted Appellant and sentenced her to pay a fine of $200. Appellant appealed and proceeded pro se to a de novo bench trial in the Court of Common Pleas ….
