J. Brown v. Philadelphia Board of Ethics, & J.S. Creamer, Jr.

CourtCommonwealth Court of Pennsylvania
DecidedMarch 25, 2026
Docket1382 C.D. 2024
StatusPublished
AuthorTsai

This text of J. Brown v. Philadelphia Board of Ethics, & J.S. Creamer, Jr. (J. Brown v. Philadelphia Board of Ethics, & J.S. Creamer, Jr.) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. Brown v. Philadelphia Board of Ethics, & J.S. Creamer, Jr., (Pa. Ct. App. 2026).

Opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Jeff Brown, David Maser, : For a Better Philadelphia 501(c)(4), : and For a Better Philadelphia PAC, : Appellants : : v. : : Philadelphia Board of Ethics, : No. 1382 C.D. 2024 and J. Shane Creamer, Jr. : Argued: February 3, 2026

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE STELLA M. TSAI, Judge

OPINION BY JUDGE TSAI FILED: March 25, 2026

Jeff Brown, David Maser, For a Better Philadelphia 501(c)(4) (501(c)(4)), and For a Better Philadelphia PAC (PAC) (collectively, Plaintiffs) appeal from the order of the Court of Common Pleas of Philadelphia County (trial court), sustaining in part the preliminary objections of the Philadelphia Board of Ethics (Board) and J. Shane Creamer, Jr. (collectively, Defendants) and dismissing Plaintiffs’ complaint. After review, we affirm. I. BACKGROUND The facts as set forth in Plaintiffs’ complaint and its attachments are as follows: Brown is a resident of Philadelphia and was a candidate in the May 16, 2023, Democratic primary election for Mayor of Philadelphia (Mayor). Complaint, ¶ 6, Reproduced Record (R.R.) 7a. The 501(c)(4) is a Pennsylvania non-profit corporation, and the PAC is a Philadelphia-based political action committee (collectively, For a Better Philadelphia). Id., ¶¶ 3-4, R.R. 7a. During the relevant period, Maser served as the chairperson and treasurer of the 501(c)(4) and the chairperson of the PAC. Id., ¶ 5, R.R. 7a. Brown engaged in fundraising activities for For a Better Philadelphia prior to the official announcement of his Mayoral candidacy on November 16, 2022, but he ceased contact with For a Better Philadelphia after the announcement. Id., ¶¶ 21, 23, 25, R.R. 10a. The Board consists of five members who are appointed by the Mayor and confirmed by Philadelphia City Council. Id., ¶ 8, R.R. 7a. Among the responsibilities of the Board are the enforcement of the campaign finance laws enacted by the City of Philadelphia (City). Id., ¶ 9, R.R. 7a. Creamer serves as the Executive Director of the Board. Id., ¶ 10, R.R. 8a. In March 2023, the Board began investigating the 501(c)(4) and PAC for campaign finance law violations. Id., ¶ 54, R.R. 11a. Although the PAC voluntarily agreed to cease campaign expenditures, the Board commenced an action in the trial court against For a Better Philadelphia on April 10, 2023 (Enforcement Action). Id., ¶¶ 64-67, Exhibit B, R.R. 17a, 67a-81a. The Board alleged that For a Better Philadelphia violated the City’s campaign finance laws and Board regulations prohibiting coordination with Brown’s campaign. Id., Exhibit B, R.R. 69a-75a. In support, the Board cited Brown’s solicitation of funds for the 501(c)(4) prior to the announcement of his candidacy, as well as communication between his campaign staff and the PAC after the announcement. Id., R.R. 71a-75a. The Board requested the following relief: (1) a judgment that For a Better Philadelphia violated the City’s campaign finance law; (2) a $2,000 civil penalty for each violation; and (3) an injunction prohibiting further campaign expenditures and other activities in support of the campaign. Id., R.R. 75a-79a. Brown finished in fifth place in the primary election in May 2023. Following the primary, the Board filed an amended complaint, in which it withdrew its request

2 for injunctive relief but otherwise sought the same relief as in its original complaint. Id., Exhibit D, R.R. 134a-152a. For a Better Philadelphia filed a preliminary objection in the nature of a demurrer to the amended complaint. Id., Exhibit E, R.R. 154a-171a. On September 11, 2023, the trial court sustained the demurrer and dismissed the Enforcement Action. Id., Exhibit F, R.R. 193a-202a. The trial court reasoned that “a faithful reading of the Board’s regulations” demonstrated that a political action committee was prohibited only from coordinating with a “campaign,” but a campaign did not exist until a candidate filed nomination petitions or publicly announced his or her candidacy. Id., Exhibit F, at 1, 6-9, R.R. 193a, 198a-201a. With regard to Brown, the trial court determined that “[t]here was no ‘Jeff Brown campaign’ prior to November 16, 2022”—the date he publicly announced his candidacy—and, therefore, it was “impossible to conclude that the ‘Jeff Brown campaign’ could have coordinated with” For a Better Philadelphia before the public announcement. Id., Exhibit F, at 7, R.R. 199a. As the amended complaint solely alleged Brown’s involvement in donations and solicitation of funds prior to November 16, 2022, the trial court ruled that the Board could not hold For a Better Philadelphia liable for violation of the City’s campaign finance law or Board regulations. Id., Exhibit F, at 1, 7-10, R.R. 193a, 199a-202a. The Board initially appealed from the dismissal of the Enforcement Action but discontinued the appeal prior to an appellate ruling. Id., ¶¶ 50-51, R.R. 15a. Plaintiffs filed the instant complaint on January 29, 2024. They allege that Defendants lacked any factual or legal basis to initiate the Enforcement Action because they knew Brown had cut ties with For a Better Philadelphia following the public announcement of his candidacy. Id., ¶¶ 27-32, 72-84, R.R. 11a-12, 18a-19a.

3 Plaintiffs aver that Defendants lacked good faith in prosecuting this action, acting with the intent to impugn Plaintiffs’ reputations and to interfere with Brown’s candidacy in collusion with other Mayoral campaigns. Id., ¶¶ 33-34, 57-58, 60-62, 71, 85-86, 89-90, 98, 113, R.R. 17a, 20a, 22a, 24a. According to Plaintiffs, Creamer was personally motivated by animus towards them and his desire for media coverage. Id., ¶¶ 35, 62, 71, 95, 99-100, R.R. 12a, 16a-18a, 22a. As evidence of Creamer’s alleged bias and ulterior motives, Plaintiffs cite, inter alia: (1) an email from Creamer to a Philadelphia Inquirer reporter expressing his opposition to “dark money groups;” (2) his Inquirer editorial stating that he hoped the Enforcement Action “sends a message to Philadelphia candidates [that the city] has different rules [that] will be enforced;” and (3) a leaked email exchange with the PAC’s lawyer in which Creamer ended settlement negotiations and stated he was “prepared to go to court to expose the most massive scheme to circumvent the city’s contribution limits in 17 years.” Id., ¶¶ 91-94, Exhibits G, J, K, R.R. 20a-21a, 204a-213a, 225a, 227a- 231a. Plaintiffs plead four counts in their complaint. Counts I and II, brought on behalf of all Plaintiffs, seek monetary damages for wrongful use of civil proceedings and abuse of process.1 In Counts III and IV, brought on behalf of Brown and Maser (collectively, Individual Plaintiffs), respectively, the complaint alleges that Defendants violated their right to reputation under Article I, Section 1 of the

1 A plaintiff asserting a wrongful use of civil proceedings claim must prove that the defendant acted in a grossly negligent manner or without probable cause in pursuing the underlying litigation and the prior proceedings terminated in the plaintiff’s favor. 42 Pa. C.S. § 8351(a). To establish a claim for abuse of process, the plaintiff must show that the defendant used a legal process against the plaintiff for a purpose other than for which it was designed. Morley v. Farnese, 178 A.3d 910, 919 (Pa. Cmwlth. 2018).

4 Pennsylvania Constitution.2 With respect to the right to reputation claims, the complaint requests a declaration that Defendants violated Individual Plaintiffs’ constitutional rights and a name-clearing hearing on their behalf. Defendants filed preliminary objections, raising seven objections in the nature of a demurrer.

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J. Brown v. Philadelphia Board of Ethics, & J.S. Creamer, Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-brown-v-philadelphia-board-of-ethics-js-creamer-jr-pacommwct-2026.