The chief testified that Lansdowne resident Michael Marcavage asked council a question concerning comments made by recently appointed Councilman Kevin Lee (D). Lee is the first openly gay public official in Delaware County. Marcavage then began reading from the Bible, Kortan testified.

"I went to him and appealed to him," Kortan testified. "You had the microphone long enough. It's time to sit down and enjoy the meeting like the rest of the people or leave. He refused. They (council) asked him to go back on target with a question for council instead of just reading," Kortan testified.

The council president adjourned the meeting and council members and various members of the audience filed into the hallway area. "I told him, 'now you're leaving.' He asked, 'are you arresting me?' I said, 'not yet, but you're getting close.' He said, 'I must exercise my right of civil disobedience,'" Kortan testified. He removed Marcavage using "the fireman's carry," he testified.

Marcavage's attorney, Steven Shields, argued that council had suspended the rules of order prior to opening the meeting up to public comment. Shields asked the judge to dismiss the charges.

"The council president, who I believe is Mr. (Norman) Council, said that's hate speech. What better way to squelch the messenger or silence the message than to arrest the messenger?" Shields said.

"Council perceived what he was reading as hate speech. It would be homophobic today. They couldn't let him go on. You can't go up to the podium and start reading from the Bible," Assistant District Attorney Alyssa Kusturiss countered.

Marcavage was not arrested or charged on the night of the meeting. Kortan testified he researched the law regarding disruption of a public meeting after the meeting was adjourned. "In my 24 years as a police officer I've never used the charge," Kortan said.

Judge Perfetti set an arraignment for Marcavage in Delaware County Common Pleas Court for Oct. 28 at 9 a.m. He remains free on $2,000 unsecured bail.

The judge dismissed a counter charge of disorderly conduct against Councilman Elliot Borgman (D) after hearing testimony from Marcavage and Kortan. "Mr. Borgman approached me aggressively as I was talking to Chief Kortan and debating the reason why I could not return to the meeting. Mr. Borgman whacked me with the back of his hand on my arm in the left shoulder area," Marcavage testified. "He could well have been trying to get my attention but his demeanor was anger and frustration."

"I'm embarrassed that it has gone to this point," Borgman testified. "I'm not proud of the action that I took. However, I do not feel in any way, shape or form it was detrimental."