Ex-Jeannette mayoral candidate found guilty, fined for tacking signs on utility poles

A Jeannette man who was cited by state police for attaching mayoral campaign signs to utility poles was found guilty Tuesday during a summary trial.

Ed Day, 61, was fined $100 plus costs, totaling $273.75. He faced a maximum fine of $300.

He vowed to appeal the ruling before leaving the courtroom.

District Judge Judith P. Petrush found him guilty of violating a state law that prohibits the driving of a nail, tack or metal or hard substance into a public utility pole.

State police Cpl. Jonathan Lindsay testified that he counted 31 yellow signs with black lettering proclaiming “Ed Day for Mayor: A New Beginning for a Great Town Working Together as One!” in Jeannette and Hempfield.

But Day was cited for just one of the signs — on Lowry Avenue in Hempfield.

Day lost the Republican primary May 20.

Lindsay testified that he called Day on July 5 to ask him to remove the signs within five days after troopers got complaints about them being attached to utility poles around Jeannette. Day previously told the Trib he had 68 campaign signs up.

“Mr. Day became very angry, related that it was retaliation and inferred that it was because of race-related issues,” Lindsay testified.

Day was cited after he refused to remove the signs, which were attached by staples.

Lindsay said he didn’t cite three people responsible for other signs on utility poles in Jeannette because they all agreed to remove them.

“Is there a reason why they were treated different?” Day asked on cross-examination.

“Yes, because they … weren’t belligerent, they weren’t rude and they advised that they were going to remove the signs,” Lindsay responded. “It’s that simple.”

Day made several objections to evidence Lindsay presented, including photographs of the signs.

“Did you see Mr. Day put any sign on any pole?” Day asked.

“No I did not,” Lindsay testified.

He read a statement from FirstEnergy and West Penn Power, which own the poles, that said items being put on signs create safety hazards for employees who work on utility poles, and the public.

Day declined to testify. He claimed he didn’t put any signs up in Hempfield with tacks or nails.

Signs have since been removed.

Day got 105 votes in the May primary, coming in third on the Republican ticket, according to election results.

He initially was thrown off the ballot in March after a successful challenge in Westmoreland County Court by opponent and incumbent Curtis Antoniak, who claimed Day failed to file a required statement of financial interest with the city.

A state appeals court decision two weeks before the May 20 primary reinstated Day’s name to the ballot. The appeals court ruled Antoniak failed to produce adequate evidence to counter Day’s contention Jeannette did not properly appoint the city manager or another person to accept the required financial document.

The ruling left Westmoreland County election officials scrambling to reprogram voting machines and send more than 100 new mail-in ballots to Jeannette’s Republican voters.