At a July 16, 2008 hearing, Allegheny County Court of Common Pleas Judge Robert Gallo ruled that Pappert should have known that the borough manager did not have the authority to act on Pappert's complaints and instead should have contacted his elected officials. Pappert was never told he was communicating with the wrong person. According to the borough's Web site, the borough manager "take[s] care of the day-to-day operations, implement[s] policy decisions and coordinate[s] activities of other Borough departments."

"It is unconscionable that municipalities might be permitted to use threat of criminal prosecution to intimidate and silence community activists," said ACLU cooperating attorney Bruce Boni, who defended Pappert at the hearing. "We are confident that the rights of all Pennsylvanians to speak to their government officials will be fully vindicated on appeal."

Bridgeville police charged Pappert with harassment after he left a message on the borough manager's office answering machine in which he accused her of failing to investigate alleged environmental violations by the concrete plant and asked her to resign. He was cited under the subsection of the statute that prohibits "engaging in a course of conduct that serves no legitimate purpose."

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