A Macungie Council member faces trial on charges of open lewdness for an alleged incident of public urination on Aug. 3.
The charge against Linn Walker will be sent to Lehigh County Court by Magisterial District Judge Donna Butler of Emmaus after a preliminary hearing today.
He was released on $5,000 unsecured bond and faces arraignment on Oct. 9.
In trying to have charges dismissed, Walker's attorney Alfred Stirba of Orefield argued that by any definition lewdness must involve a sexual component which, in this case, both sides agreed does not exist.
Witnesses to the Aug. 3 incident included Macungie Police Sgt. Travis Kocher who said he approached Walker from behind that day.
"I saw a steady stream of urine," Kocher said, that was hitting the bushes at 43 W. Chestnut St., the address of Walker's neighbor Jeremy Master.
Walker lives in the adjacent townhouse at 45 W. Chestnut St.
Police were called to the neighborhood on Aug. 3 after an alleged incident in which small children witnessed Walker urinating.
After police arrived, Walker repeated the act.
One neighbor, Patrick O'Leary, said his 3-year-old son told his parents after a similar incident on July 11 that "I just saw Linn's wiener," according to court documents.
Other neighbors who did not come forward publicly said the behavior has been going on for years.
Stirba, in his efforts to have Walker's charges dismissed, contended that if this was such a big problem, it would have been reported long ago, and in effect had become "normal" behavior.
But Butler disagreed.
"We would not have so many members of the press here if it was normal to pee outside. I don't pee outside. And why then did Mr. Walker apologize afterward if it was normal?
"I'm going to hold the charges over for court and the public can decide," she said.
Walker said after the incident that he would resign from Macungie Council, but so far has not.
Walker declined to speak with anyone after the hearing, and Stirba said he and Walker have not discussed his council status or his plans. Walker was absent from the Aug. 6 council meeting. The Aug. 20 council meeting was cancelled due to lack of a quorum.