SCRANTON — Bob Bolus refiled a lawsuit to get the pride flag, which is a symbol of support for LGBTQ+ people and inclusivity, removed from Scranton City Hall and barred from display at all government buildings in Lackawanna County.
The city has been flying a rainbow-motif pride flag on a flagpole at the municipal building at 340 N. Washington Ave. since June 1 for the annual commemoration of Pride Month.
Bolus initially filed a lawsuit June 6 in Lackawanna County Court on a pro-se basis, meaning representing himself without an attorney, in a legal attempt to compel the removal of the pride flag from City Hall, as well as having it barred from display there and at all government buildings in the county. Also on June 6, Lackawanna County Judge Terrence Nealon dismissed Bolus’ lawsuit on various procedural errors, including that he did not properly file or serve the action or name defendants. Nealon dismissed the case “without prejudice,” meaning Bolus could try to do it again properly.

On June 9, Bolus filed a new lawsuit in county court, again on a pro-se basis, and again seeking a court order requiring the removal of the pride flag from public display at Scranton City Hall and barring its display there and at “all public buildings within the jurisdiction of Lackawanna County.”
The new lawsuit names as defendants the city, Mayor Paige Gebhardt Cognetti and Scranton City Council members, who are council President Gerald Smurl, Bill King, Mark McAndrew, Jessica Rothchild and Tom Schuster, all individually and in their official capacities as municipal elected officials. The mayor and council members are all Democrats.
Bolus also named as a defendant, individually and in his official capacity, Lackawanna County Commissioner Bill Gaughan, who is a Democrat.
Bolus, who is a Republican, did not name Republican Lackawanna County Commissioner Chris Chermak as a defendant. In a phone interview Monday, Bolus said he named only Gaughan because he is the chairman of the commissioners.

Scranton City Solicitor Jessica Eskra declined to comment on the lawsuit, saying the city would respond in court.
Lackawanna County Solicitor Donald Frederickson said in a statement, “Mr. Bolus’ frivolous action has been denied by the court on its own motion,” and thus Frederickson believes Bolus would have to ask the court for reconsideration to refile.
Some of the claims in Bolus’ lawsuit include:
• Scranton City Council, the mayor and Lackawanna County commissioners “are responsible for the decision to raise and display the Pride Flag at Scranton City Hall.”
• Title 16, Chapter 161 Section 27 of state law regarding display of municipal flags on county buildings says: “It shall be lawful to display the flag of any county, city, borough or other municipality in the Commonwealth or the official POW/MIA flag on the public buildings or grounds of any county;” and thus the state does not specifically authorize the display of a pride flag on public grounds.
• The pride flag is a “catalyst” for political and social division; and it is not inclusive “as it does not represent” all citizens of the city or county.
• The pride flag has become a political symbol associated with the Democratic Party; as well as “a symbol of sexual orientation, sexual practices and a sexual lifestyle” that is “abhorrent to a significant number of people due to religious and personal beliefs;” and it is not neutral or appropriate for display on public buildings.
The filing and refiling of the lawsuit comes amid controversy aired at recent city council meetings.
On June 10, Smurl apologized for not stopping derogatory remarks made during public comment at the June 3 weekly council meeting. The apology was a response to comments by Bolus made June 3 opposing having the rainbow flag displayed at City Hall, as well as other remarks that Bolus directed at a pro-LGBTQ+ resident Angela Ramone. Residents also came out to council’s June 10 meeting to express support for LGBTQ+ people and condemn hate speech, while Bolus said, “I make no excuse for last week,” according to an Electric City Television simulcast and video of the weekly meeting posted online.