Limerick data center vote may have violated open meetings law

Prior to a unanimous vote by the Limerick Planning Commission recommending the rejection of a proposed 1.4-million-square-foot data center unless 18 conditions are met, actions taken during the meeting may have violated Pennsylvania's Sunshine Law, according to an expert. Attorney Ed Campbell and other experts representing the developer, MCD 7 LLC, presented information on the proposal during the three-hour meeting. During the public comment period, over 20 residents spoke against the project. One speaker, Magdalena Stuehrmann, was reportedly cut off while still having time to speak, prompting objections from the audience before solicitor Rebecca Geiser abruptly ended public comment. Melissa Bevan Melewsky, media law council for the Pennsylvania NewsMedia Association, stated that Geiser's actions, particularly cutting off a speaker based on content, could violate First Amendment rights and the Sunshine Act. More significantly, a 10-minute "huddle" taken by the planning commission immediately before their vote, where they formulated the 18 conditions, is also cited as a potential violation, as deliberations of government bodies must be public. Planning commission Chairman William DeGideo proceeded with the vote, which passed unanimously, and adjourned the meeting amidst boos from the audience. Ginny Kerslake, a senior organizer with Food and Water Watch, publicly called out the commission during the meeting, asserting their private deliberation was a violation of the Sunshine Act. The data center project is expected to proceed to the township supervisors for a "conditional use" process, who will make the final decision.