A Richmond, Virginia, man who was charged with disorderly conduct and harassment in late 2022 for going door-to-door in Windber Borough criticizing the municipal government and the police department has now filed a federal lawsuit against the police chief who filed the charges.

Michael John Sheliga, 57, a computer programmer, explained he has a hobby of watching trains.

One day, he was practicing his hobby in the train station in Windber when police ordered him out of the building. A verbal confrontation ensued.

That eventually led to Sheliga’s door-to-door campaign to bring about change in the borough.

It also led to his arrest by Windber Police Chief Andrew Frear on Dec. 20, 2022, after multiple citizen complaints.

One complainant allegedly reported that Sheliga was “being obnoxious and refused to leave (his doorstep) after being told to do so.”

Sheliga maintained that he had the right to go door-to-door and that the police action against him was a violation of his free speech rights.

During his discussions with several police officers and the police chief, he cited a 2002 U.S. Supreme Court ruling, Watchtower Bible & Tract Society or New York, Inc., v. Stratton, which struck down a New York town’s requirement that those knocking on doors must first have a permit.

The nation’s top court in the Watchtower case ruled that door-to-door political campaigning was historically an integral part of the American tradition and struck down the

permit requirement.

Sheliga’s efforts to tell his story by rapping on doors in the borough, however, brought attention to his cause, but it also drew many negative complaints from residents.

Aware of the complaints, at least two officers urged him to stop rapping on doors.

The officers contended his door-knocking was “scaring others” and that he was” disorderly.”

The patrol officers, while telling him to stop his protest, did not take any further action.

Frear, however, after receiving a call from a homeowner, finally charged Sheliga with harassment and disorderly conduct.

In the meantime, Sheliga filed a civil rights complaint in the U.S. District Court in Johnstown seeking a restraining order to halt police interference with his door-to-door efforts.

District Judge Kim R. Gibson ruled that the criminal charges were brought because Sheliga was creating fear among some residents and were not the result of his political opinions.

The request for injunctive relief was rejected by the Judge and in December Gibson’s decision was affirmed by a three-judge panel of the 3rd U.S. Circuit of Appeals.

The appeals court opinion upholding the Gibson opinion was issued by Judges Stephanos Bibas, Arianna Freeman and Richard L. Nygaard on Dec. 12.

They concluded, “…in the context of the testimony and video evidence, which we have reviewed, we do not believe Sheliga risks arrest by merely knocking on doors and discussing his views.”

The police, according to the appeals court, were responding to reports that Sheliga was “scaring others and acting disorderly…”

As the appeals court was preparing its opinion on the case, the criminal charges against Sheliga were dismissed.

On Dec. 19, Sheliga, acting as his own attorney, filed a second federal complaint against Frear for filing the criminal charges.

In his complaint, Sheliga continued to insist police had improperly breached his free speech rights by arresting him on Dec. 20, 2022.

He insists he told the chief that he was knocking on doors to speak about politics.

The chief’s reply was that his door-knocking was “for no legitimate reason.”

“They claim I was doing it for no legitimate reason…I think criticizing the government is the most legitimate reason there is,” he said in discussing his recent lawsuit.

He contends his constitutional right to free speech was violated by his arrest.

Sheliga also charged in his lawsuit that he was illegally searched and was the victim of false imprisonment and unlawful arrest.

He complained he was handcuffed and placed in custody for three hours.

Sheliga stated in his lawsuit he is seeking $35,000 in damages, as well as travel costs associated with the case.

His arrest, he charges, caused him “worry, sleeplessness, anger and being upset over this issue.”

Sheliga explained in his case that his grandfather once lived in Windber and he had cousins who lived in the area.

And, he said, he is a train buff who loves to watch trains, which is why he comes to the Windber area up to three times a year.

His hobby recently involved a 100-mile bicycle excursion throughout the Windber area to view trains.

He has visited sites in Cresson, the Altoona Railroaders Museum and other areas just to watch trains.

As yet, Sheliga noted, he has not visited the Horseshoe Curve, another popular area for train-watchers.

He concluded his explanation by stating, “I just always loved trains since I was a kid.”