A group of residents in Tulpehocken Township, Pennsylvania, has spent thousands trying to access details about a proposed ordinance that could impact local farms. Experts say the public has a right to see such information.
The township has resisted, arguing that state law protects the release of drafts not presented publicly. Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, finds this troubling. “It’s shocking to see public funds used to block transparency,” she says. The proposed ordinance includes rules about agritourism and short-term rentals.
Farmer John Schueller is one of the residents fighting for access. He feels excluded from meaningful discussions because he lacks the necessary information. “It’s hard to engage when you don’t have the full picture,” he explains. Melewsky echoes this, emphasizing that public understanding is key to civic engagement.
The Pennsylvania Office of Open Records ruled twice that the township must disclose the drafts. Yet, the township has taken the matter to court, a move seen in only 5% of cases, according to the Office’s annual report. As of now, Schueller and others have spent around $5,000 in their pursuit, while the township has spent over $3,776 battling their request.
Melewsky points out a significant flaw in Pennsylvania law: citizens often bear the financial burden of fighting for public information. “It’s not right that residents must pay to challenge government-funded attorneys,” she says.
Schueller has lived in Tulpehocken for nearly his entire life. He learned of the proposed ordinance earlier this year during public discussions but couldn’t get a copy of the draft despite multiple requests. The township has cited reasons like attorney-client privilege to decline release.
In October, the township made changes to the ordinance, removing some regulations but keeping others regarding short-term rentals. Nevertheless, Schueller remains adamant about accessing the earlier drafts to ensure transparency.
Public participation is vital in local governance, and Schueller believes it should never be stifled. He intends to continue his fight for access, saying, “We have a Right-To-Know procedure designed to help residents engage in community matters.”
This situation sheds light on a broader issue; many people feel frustrated when local governments appear to prioritize secrecy over transparency. Engaged residents like Schueller are crucial in the push for accountability, and their experiences underline the importance of accessible public information in a functioning democracy.
For those interested in the ongoing conversation about public access to government records, the Pennsylvania Office of Open Records provides valuable resources and insights.
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