The attorney for embattled Gilberton police Chief Mark Kessler compared the style of Kessler's controversial YouTube videos showing the gun-toting, profanity-spewing chief to that of shock jock Howard Stern.
Like the controversial personality who moved his show to satellite radio to avoid censors, Kessler uses vulgar language and coarse behavior to draw attention to his main issue - the right to bear arms, attorney Joseph Nahas, Frackville, said Friday.
Kessler's videos, he said, are protected under the First Amendment. Kessler didn't utter the words at a crowded school board meeting or mall where people can't ignore it. Instead, it was posted on a website where people would have to seek it out, Nahas said.
In fact, Nahas said many would not have seen it if not for media attention this week in which newspapers, television stations and websites - including one in the United Kingdom - carried the story and linked to the video.
The video, which has gone from 3,000 views Tuesday to almost 230,000 Friday, elicited a barrage of telephone calls to the tiny Schuylkill County borough hall and an email campaign calling for the chief's ouster.
"This thing really took on a life of its own," Nahas said. "It was made for shock value, to get people's attention, but I don't think he believed it would turn into this."
Nahas' comments came Friday as the community continued to wrestle with how to respond to the videos.
Kessler is also a member of the North Schuylkill school board, which issued a statement late Thursday saying it does not "condone or agree" with the YouTube video.
"His thoughts and feelings portrayed in the content of the videos are not shared by any other member of this board, the North Schuylkill School District, its administration and faculty and are his and his alone," the statement said.
The one-paragraph statement, emailed by board President Charles "Chaz" Hepler, indicated that neither the board nor district would make any futher comments and referred questions to Kessler and his attorney.
The board has very little power to remove a school board member.
People are ineligible to serve on the school board if they are convicted of certain crimes, such as bribery or embezzlement, or are removed from national, state or local office for malfeasance. Citizens can petition the courts to remove an entire board if it doesn't perform its duties.
"The election process is the ultimate way of removal if the community decides they don't want someone on the school board," said Steve Robinson, spokesman for the Pennsylvania School Board Association. "That is why we have term limits."
Kessler was elected to the school board in 2011.
Gilberton Mayor Mary Lou Hannon said in an interview Tuesday that Kessler has constitutionally protected rights of free speech and did not anticipate disciplining him over the video.
Kessler actually made a number of videos. In one, he complains, with some vulgarity, about the United Nations and Secretary of State John Kerry. In another, he wears his badge and begins what appears to be a tutorial on how to shoot a gun, using a picture of a clown he calls House Minority Leader Nancy Pelosi, D-Calif., as the target.
The video that created the media firestorm was an "apology" for the Kerry video, Kessler said. The video was taken on what appears to be an old strip mine road, away from homes. Kessler was shooting selective-fire weapons, which have automatic and semiautomatic options. A federal permit is required to possess those guns. Law enforcement may also have them.
Kessler said he was on his way to training when he made the video but did not make the video in his position as chief.
"Yeah, I don't think so. This boy don't roll that way ... ," he says on the video, after saying he would like to apologize to those he offended with the Kerry video. "For all you people out there who cried and cried about, oh, I used profanity, f--- you."
The video then shows him leaving the screen and coming back to shoot three different firearms, all while spewing profanities.
Gilberton Borough Council has a meeting at 7 p.m. Wednesday, the first time residents can address the issue formally.
Nahas said the police chief does not generally attend those meetings but Hannon said previously that the meeting was postponed until Wednesday so that Kessler can attend the meeting when he returns from vacation next week.