State College-area American Legion to remain open while post works to ensure compliance
Leaders of an American Legion post in Happy Valley must work together to ensure compliance with all laws and regulations under an agreement OK’d Monday by a Centre County judge.
The agreement approved by Centre County Judge Brian Marshall allows American Legion Post 245 — including its social club — to remain open. It also bars Nittany Post from interfering with Post 245’s operation of the club.
The consent order came less than two weeks after a pair of legal filings laid bare a series of disputes between the two organizations that operate from 1950 Pine Hall Road. The club of more than 1,500 members closed for about a week.
Nittany Post showed up unannounced Feb. 1 and placed closed signs on the building’s front doors and canceled all activities at the club, Post 245 attorney David Gaines Jr. wrote.
The post’s new commander, Gaines said, “went on a power trip.” Nittany Post attorney Lauren Otto pushed back on the claim.
The club’s liquor license expired Jan. 31; it was reissued Tuesday. The post, Otto said, could not operate a bar with an invalid liquor license.
The post was also in “imminent danger” of having its charter suspended for six months, Otto said. The post was given until Jan. 1 to revise its structure and update its corporate documents so it’s in compliance with the applicable bylaws.
That hadn’t happened as of Friday, Otto wrote in a 117-page document. The status quo, she said, is untenable.
“Nittany Post has made multiple efforts to work with Post 245 to achieve the end result that has been mandated by the American Legion Department of Pennsylvania ... “ Otto wrote. “Post 245 has continually refused to work with Nittany Post to achieve this result.”
There is overlap between the two groups; their memberships, for example, are almost entirely the same, but they are legally distinct. They have separate officers, meetings and books. The setup has existed since at least 1955.
Both groups — with Marshall’s encouragement — agreed to work together. No other hearings were scheduled.