By: A school district and three administrators have to pay a newspaper for the legal fees it incurred when it sued to find out how much money three students received in a legal settlement over the school dress code, a state appeals court ruled Wednesday.
A Commonwealth Court panel said the New Castle Area School District engaged in "wanton and willful disregard" for the right of the New Castle News to have access to a public record.
Three students, through their parents or guardians, filed two federal civil-rights lawsuits against the district in September 2004. A settlement was negotiated in April 2005, but the district insisted that it include a confidentiality provision.
"A school district may not contract away the public's right of access to public records because the purpose of access is to keep open the doors of government, to prohibit secrets, to scrutinize the actions of public officials and to make public officials accountable in their use of public funds," wrote Judge Rochelle S. Friedman.
The judges ordered the district to pay the newspaper's $8,820 in legal fees.
New Castle News publisher Max Thomson released a statement saying Pennsylvania newspapers have long believed the public's business should be conducted in public.
"The shame is that now the taxpayers have to pay because of some of their elected officials' misguided attempts to keep important public information secret," Thomson said.
Attorney Chuck Sapienza, who represents the district and administrators, said he would consult with school district officials regarding potential future appeals.
"Obviously we disagree with the Commonwealth Court's findings, but at the same time understand their ruling," Sapienza said.
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