Billow's lawsuit over Burns' campaign ad moves forward

Oct. 15—JOHNSTOWN, Pa. — The court case between state Rep. Frank Burns, D-East Taylor Township, and Republican challenger Renae Billow regarding a recent campaign advertisement is continuing as the candidates inch closer to Election Day, Nov. 8.

Billow filed a complaint in the Cambria County Court of Common Pleas against Burns, who represents the 72nd Legislative District; his campaign committee; and the Pennsylvania House Democratic Campaign Committee.

She accused them of common law defamation, defamation by imputation of crimes, and false light invasion of privacy after a television ad aired that included a mugshot of Billow and an allegation that she "scammed taxpayer money."

An injunction to stop airing the advertisement was requested.

The complaint was filed on Oct. 7. The defendants had 20 days to respond from the time they were notified, which occurred during the ensuing days. No date for any public court proceeding had been set as of week's end.

Billow, Burns and the PHDCC through attorney Adam Bonin have defended their positions.

"This lawsuit lacks merit and we will vigorously oppose it," Bonin wrote in an emailed statement. "Renae Billow should be making her case to voters, and not trying to cancel speech which she doesn't want voters to hear."

Burns, in an email, called the lawsuit "frivolous" and said that "Cambria County people are smart enough to identify someone scamming the system." He said Billow "should be ashamed but instead remains unapologetic."

Billow countered: "We're still pursing the case, as Frank Burns has portrayed false information to the public in a defamatory way by insinuating that I committed a crime."

The advertisement ...

The advertisement claimed that Billow "scammed" a federal COVID-19 emergency relief fund to pay off her mortgage, then shortly thereafter purchased a property next to her home "just so Renae could have a yard behind her pool."

The relief program, which was part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, was designed to help homeowners who were having financial difficulty due to the pandemic.

Billow said she was laid off from work at the start of the pandemic in 2020 and then got a job on March 1, 2021.

Records show that Billow and her husband participated in the mortgage forbearance program, having a $9,821.98 subordinate mortgage ("security instrument") given to the U.S. Department of Housing and Urban Development on March 30, 2021.

"No money ever came to us directly," Billow said during a telephone interview. "This was a loan that was paid directly to our mortgage company, which created this second mortgage. We are required to pay that second mortgage when we've finished paying our first mortgage. For Frank to insinuate that taxpayers paid my mortgage and I scammed them out of any money is just false."

In the complaint, Jesse Daniel, an attorney representing Billow, argued that precedent exists in Pennsylvania courts where using "scam" terminology "can be construed as accusing someone of a crime."

Then, on April 26, 2021, she and her husband purchased a property next to her home for $1,500 after it had been left vacant after a structure fire.

Billow said they bought the land "so it doesn't become another blighted space," adding that neighborhood children use it as a play area.

Burns called on Billow to "sell her second property and to pay back what she owes to this taxpayer-funded program intended to help people who truly needed it to avoid losing their homes to foreclosure."

"Renae Billow represented to the lender and government that she could not afford to pay her home mortgage without money from this taxpayer-funded relief program," Burns said, "but only days after she received the taxpayer-funded mortgage relief, Renae Billow purchased a second property — in cash."

The original advertisement also showed mugshot-style images of Billow. A new version of the advertisement has been airing without the mugshot imagery.

Billow said changing the commercial "shows that they know that they're in the wrong on that part."

No records have been found to show Billow has ever been charged with a crime, other than routine traffic violations.

Political veteran

Burns is a self-described "centrist" who has served in the Pennsylvania House of Representatives since 2009, making him the 12th-most-senior Democrat in the chamber.

He has campaigned on his seniority, along with the constituent services he has provided and money he has brought into the district over the years.

"I ran for another term because I see the value in experience and seniority that I have," said Burns in an interview before this year's primary, in which he defeated challenger Michael Cashaw.

Burns is the Professional Licensure Committee's minority chair. He was an outspoken critic of Vision Together 2025's pitch to bring Afghanistan war refugees to the Greater Johnstown region — a plan that never came to fruition.

Cambria County Republican Party Chairwoman Jackie Kulback criticized Burns for what she considers a lack of accomplishment as a representative.

"Renae Billow did nothing illegal or unethical," Kulback said. "I am shocked that a 14-year incumbent wouldn't stand on his record, rather than resorting to lying about a hardworking family who struggled during the pandemic.

"Frank Burns has no legislative accomplishments; he sits on no committees of importance to our district — all while taking the third-highest per diems in the state."

Billow, the granddaughter of former state Rep. Andrew Billow Jr., is seeking political office for the first time. She won an unopposed primary in the spring.

Prior to the primary, she spoke about how the connection between crime and drugs and the city's transient population "go hand-in-hand."

"I think that, if I were elected, it would be a top priority for me to find and search for funding sources at every level to fully fund our local police departments, (emergency medical services), fire departments," Billow said in an interview before the primary. "They are the ones on the front lines dealing with the issues at hand, and we need to give them as much support as possible in order to battle these issues that we're having."

Last week, when Billow brought the lawsuit, Burns said she "is upset because this is the first time she has to answer to the voters."

Both Billow and Burns have been invited to meet with The Tribune-Democrat editorial board prior to election day to discuss issues.