11 Investigates: Judge sets 24-hour deadline in Juneteenth permit controversy

PITTSBURGH — An Allegheny County Common Pleas Judge on Monday told attorneys for the City of Pittsburgh and for the man who runs one of the largest Juneteenth celebrations in the country to provide an update on the permit application by noon on Tuesday.

The four-day festival at Mellon Park in East Liberty is only ten days away, and the organizer, B. Marshall, has yet to receive his permit from the city.

He applied for the permit in February.

Marshall hired an attorney and filed a petition last month asking a judge to force the city to act on the permit. At a hearing last week, the city failed to show.

A city spokesperson told 11 Investigates the city had not been formally served with the court petition and was unaware of the hearing. The city has since been served and representatives from the solicitor’s office attended Monday’s hearing.

The big sticking point had been the potential closure of Penn Avenue. The city said they couldn’t rule on Marshall’s permit because closing Penn Avenue was up to the state.

Marshall has said he withdrew the request to close Penn Avenue in April, but the city still said he had failed to update his permit application.

In court Monday, Marshall’s attorney said he filed an updated permit application over the weekend and sent it to the city.

An attorney for the city said it would take up to seven days to review the permit, but the judge said he wanted an update by noon on Tuesday.

And he suggested that both sides get together and work out an agreement. The judge said the issues were not too complex and could be worked out.

Outside the courtroom, Marshall was upbeat and optimistic about the outcome.

“I’m glad that the judge decided that, you have to make a decision by tomorrow, by 12 o’clock. You have to give us some information instead of delaying it,” Marshall said.

“I call today progress, big time progress,” said Phil DiLucente, Marshall’s attorney.

In court Monday, DiLucente chided the city attorney for not appearing at last week’s hearing. DiLucente said they were aware of the petition because he sent them an email copy.

“I know they weren’t technically served, but you would have thought they would have an interest to be here because we sent it to them,” DiLucente said.

DiLucente said it’s been a frustrating experience for Marshall.

“As I said in open court every time we try to go one step forward, it’s two steps back,” said DiLucente.

Marshall said it’s no coincidence. He’s been at odds with the administration ever since Mayor Ed Gainey pulled his funding last year.

After public outcry, city council reinstated it. He didn’t get any funding this year.

“After 2023, every year, there’s a delay, there’s a process, there’s a stall, but we know the festival’s going to happen and we’re just happy,” Marshall said.

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