by peter e. bortner

Gilberton and two of its officials will have to pay $15,000 to settle a councilman's federal lawsuit that alleged he had been unconstitutionally arrested, strip-searched and imprisoned because he used profanity toward the mayor.

Robert Wagner will receive the money as part of the settlement on Monday of his Oct. 6 lawsuit against the borough, Mayor Mary Lou Hannon and police Chief Mark Kessler.

The amount does not include attorney's fees, costs and expenses, although the settlement does not specify whether the defendants will have to pay those.

Wagner was happy that the case ended in his favor.

"I hope that Gilberton borough and its officials understand now that no one, not even a small-town mayor, is above the law," he said of the settlement.

Wagner, who had said his choice of language was unfortunate but prompted by frustration, filed the lawsuit after Kessler had arrested him for two counts of harassment for allegedly calling Hannon to complain about youths riding quads and dirt bikes at late hours. Hannon had directed Kessler to arrest Wagner, according to the lawsuit.

"There was no probable cause for the prosecution of Mr. Wagner. It was, rather, purely retaliation for his exercise of his right to speak and to express himself in the words of his choosing," the lawsuit reads in part. "Citizens have the right to use common profanity."

The councilman had asked for unspecified compensatory and punitive damages, plus attorney's fees, costs and expenses.

The defendants had offered the settlement as part of a judgment in favor of Wagner.

Mary Catherine Roper, a staff attorney for the American Civil Liberties Union who represented Wagner, said the result is a victory for free speech.

"The result makes clear what we've said all along. Law enforcement can't arrest you simply for using profanity or for offending an elected official's sensibilities," she said.

Hannon and Kessler could not be reached Monday for comment on the case.