On April 9, she parked her car across the rail lines at Sixth and Main Streets for the third time in two months - that time to protest malfunctioning crossing gates, which she contended jeopardized the safety of Darby residents.
Brown had planned to call witnesses to prove her allegations, but on the advice of her lawyer, Borough Solicitor Fincourt Shelton, she decided to settle the matter quickly. If Brown had been found in contempt of court, she could have been ordered to pay fines and serve a jail sentence.
As a condition of her agreement, Kelly ordered the borough to post a $5,000 bond to be drawn upon to pay U.S. marshals to arrest Brown if she blocked the tracks again and Darby Borough police did not arrest her.
"Getting out with a $5,000 bond was dollar-wise," Shelton said. "Otherwise, we would have paid $25,000. It was in our interest to settle.
"I didn't want to put the mayor in jail," he added. "But she has a lot of spunk."
Bob Sullivan, a CSX spokesman, said yesterday it was regrettable that the company had to go to federal court again despite winning the federal injunction in February to prevent Brown or anyone else from interfering with CSX trains running through the borough.
Brown parked her car across the tracks twice in February. The first time was after seven cars of a CSX freight train derailed, and next when a train stopped downtown for more than a hour.
Sullivan denied Brown's allegations that the movement of CSX trains and its tracks were unsafe.
"We run a safe railroad," he said. "Our hope at this point is that the issue has been resolved, and we can move forward."
In court yesterday, Kelly appeared angry that Brown had defied his order and blocked the tracks.
"That's the preferred way you want to go, rather than keep your word," Kelly told Shelton as Brownwatched in silence. "Your word was that if you had any trouble with CSX, you would take it to a federal safety agency.
"Why is she doing it? Why is she sitting out there?"
