Lindenwold agreed to pay $15,000 in legal fees to settle Alfonso Penna’s suit after Mayor Roach ordered him out of a June council meeting for filming. Penna had lost a council primary to two Roach-aligned incumbents the week before; his suit said the timing was no coincidence.
The policy, adopted in January, limited recording to one camera per meeting on a first-come basis, subject to borough officials’ discretion. It also required 30 minutes’ notice and delivery of an unedited video within 48 hours; violations could lead to an order to stop filming or confiscation of footage. Penna’s complaint said several people recorded the swearing-in of police officers earlier at the June 10 meeting without interference.
Penna sought an emergency order before the Aug. 12 meeting, and the borough rescinded the policy that night. The settlement was finalized Sept. 15; any future borough recording policy must be adopted by ordinance, include public comment and meet constitutional limits. The $15,000 covers Penna’s attorneys’ fees; he sought no damages, and the agreement says the payment is not an admission of liability. A 2007 New Jersey Supreme Court decision recognized the public’s common-law right to videotape municipal proceedings, while allowing reasonable anti-disruption rules that are not applied selectively or used as an effective ban.
