Mt. Lebanon officials have refused to release to a Mt. Lebanon man or the Pittsburgh Post-Gazette a police department videotape showing the use of a Taser during a traffic stop last summer, saying the records don't have to be made public under Pennsylvania's Right to Know Act.

At issue is a July 21 incident in which police used a Taser's 50,000 volts of electricity to subdue a 66-year-old pizzeria owner while confronting him about his illegally parked car. The incident spawned a protest petition signed by hundreds of people and a Web site which continues to demand more information from police.

Rob Whitfield, 52, of Mr. Lebanon, was denied access this week to a copy of the videotaped traffic stop recorded by the patrol car's dashboard camera. His earlier requests for other information, including a copy of the municipality's Taser use policy and the police department's operating procedures, previously had been turned down for the same reason.

The Post-Gazette's formal request for a copy of the videotaped incident was turned down last month.

"We'd like access to this tape because we believe it's a public record. Period," said David M. Shribman, executive editor of the Post-Gazette. "It comes down to a struggle between a newspaper doing its job and a municipality that refuses to see that providing this sort of information is part of its job."

Mr. Whitfield has responded to the denial of his requests by asking for the creation of a citizen review board. He also has been compiling public complaints on www.mlcop.com.

"There is an implied arrogance on the part of the township that blocks citizens from reviewing a policy with demonstrated deficiencies that can literally be a matter of life and death," Mr. Whitfield said of the Taser policy. "What are they waiting for before they'll let citizens help out? Huge lawsuits? For someone to die?"

Police said Frank Caruso and his wife, Josephine, 61, of Bethel Park, were parked on a sidewalk near their pizzeria, 656 Washington Road, when they were told to move the car.

Minutes later, they were pulled over on Alfred Street and, after a confrontation, Officer Scott Kunz discharged the Taser. Mr. Caruso was then taken to St. Clair Hospital because of chest pains.

Mt. Lebanon police contend they used the Taser because Mr. Caruso swore and made threatening gestures toward them, including cocking his fist.

In an interview for a Post-Gazette article in August, Mr. Caruso said he talks with his hands and did not attempt to strike the officer.

The Carusos' attorney, John Linkosky, said his clients would not comment on the videotape requests but that neither he nor the family had seen the tape.

"I would like to see the videotape as well," he said. "The Carusos and I believe the videotape is going to confirm what the Carusos said all along: That Frank was no threat and their use of the Taser on him was not justified in any way."

In his written denial to the Post-Gazette, Mt. Lebanon Manager Stephen M. Feller said the tape did not constitute a public record under Right to Know and that, even if it did, the tape would be excluded because it would reveal the results of an internal investigation.

Police Chief Thomas A. Ogden Jr. has said the department's investigation, which has concluded, supported the actions of Officer Kunz and Officer Dan Stover, who also was on the call.

Mr. Feller declined further comment beyond his written denial.

Teri Henning, general counsel for the Pennsylvania Newspaper Association, said the tape might not be a public record under Right to Know. She said that, although Pennsylvania's open records laws are weak, public agencies would do well to be open with documents to allow the public to reach its own conclusions about the government's work.

"It is important that the public is able to monitor, to the extent possible, these types of police actions," Ms. Henning said. "The tape would show objectively what occurred."

Russell McKibben, who is Dormont police Chief and chairman of the Pennsylvania Chiefs of Police Association, believes that, if there is no legal prohibition to releasing the tape, it should be made public.

"The perception would be that you have something that you don't want people to see [if you withhold the tape]," he said. "Frankly, I see no reason why you wouldn't want to run with it."

But Chief Ogden said the tape was evidence and did not belong in the public realm.

"In my opinion, you would no more put that video out there than a bag of drugs," he said. "We don't release anything that is evidence."

Marvin Fein, director of the civil litigation certificate program at the University of Pittsburgh School of Law, disagrees.

"It being evidence itself isn't a good argument," said Mr. Fein, who also was solicitor for the city of Pittsburgh from 1978 to 1985. Releasing the tape, however, could set a precedent for the municipality.

"It may prejudice future cases by giving up the tape in this case," he said. "So a court would say, you gave it up this time, so you've said it's a public record. ... They're always better fighting the first time."

The Carusos' criminal cases settled with a plea bargain. At the preliminary hearing in October, Assistant District Attorney Amy Cafardi withdrew charges of aggravated assault against a police officer and resisting arrest filed against Mr. Caruso in exchange for his guilty plea to summary disorderly conduct and vehicle code violations. Mrs. Caruso pleaded guilty to summary disorderly conduct.

Since the hearing, the Carusos have been dealing with the death of their son, Tony, 39, who died of cocaine toxicity in November, according to the Allegheny County medical examiner's office.

"They're grieving their son's death and working at the pizza shop and trying to put things together for his wife and kids," Mr. Linkosky said.