This story was originally published by the WND News Center.
A lawsuit filed in Pennsylvania accuses a government official of weaponizing a township's requirements against a mechanic with whom he'd had an argument over work on his car.
"A powerful politician's personal vendetta is not a legitimate reason for the government to shut down a business," said lawyer Ari Bargil, of the Institute for Justice.
"It is clear that the only reason Gene received a cease-and-desist order was because of Supervisor Klusaritz's personal beef with him. That's not just unfair, it's unconstitutional."
The fight involves North Whitehall small business owners Gene and Debbie Weierbach who are challenging the constitutionality of the township's zoning.
It comes after "Township Supervisor Dennis Klusaritz weaponized the zoning code to order officials to investigate the Weierbachs' decades-old business following a dispute between Klusaritz and Gene regarding repairs to one of Klusaritz's cars," the IJ said.
Weierbach has run his auto repairs on his 16 acres for more than 20 years. He lives there with his wife and adult son, who has severe autism.
"Working on cars is my passion, and being able to do so from my own home ensures I can be there for my son when he needs me," he said.
It was in 2021 that Klusaritz became a customer at Gene's garage. Over the next two years, he regularly brought Gene three different vehicles to work on, including an old BMW with mechanical and wiring issues. In 2023, the two had a dispute over Gene's work on the BMW, the IJ explained.
Supervisor Klusaritz accused Gene of incompetence and overcharging him, and in response, Gene politely asked Klusaritz to take his business elsewhere. Shortly after the dispute, Klusaritz asked the township to investigate Gene's business.
The result was a cease-and-desist letter.
The Weierbachs fought back, and the township zoning hearing board then granted him a variance, but the township, led by Weierbach appealed, resulting in the variance being withdrawn.
The new escalation challenges the zoning code's ban on auto repair shops. And they've also appealed the variance rejection in state court.
"A beloved business that causes no harm to the community should not be shuttered because a government official doesn't like where it's located," said IJ lawyer Daniel Woislaw. "Zoning laws are meant to protect against real nuisances, not to give bureaucrats arbitrary authority to shut good businesses down."
