SWB Yankees challenging state ruling that bids be turned over to newspaper
Published: July 5, 2009
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share thisSWB Yankees is appealing a state determination that the group should turn over bids from concessionaires at PNC Field.
Filed last month in Lackawanna County Court, the appeal challenges a May ruling by the state Office of Open Records which found The Times-Tribune had a right to information detailing what companies bid to be concessionaire at PNC Field and for what price.
The winning bid, submitted by Legends Hospitality Management - a company co-owned by the New York Yankees - was selected by SWB Yankees, the team's management partnership. The Lackawanna County Multi-Purpose Stadium Authority was given a blind comparison of the three bids, but the names of the bidders and amounts of the competing bids were not disclosed.
The authority decided not to challenge the state ruling, but has not handed over the bid information because it is not in its possession, solicitor Frank Tunis said.
According to the new Right-to-Know Law, enacted in January, third-party contractors to a public agency serving a governmental purpose are required to release information related to that governmental purpose.
SWB Yankees argues in its appeal that serving as manager to the county-owned franchise is not a governmental purpose, and therefore isn't subject to the open records law: "The Stadium Authority's sole function, operating PNC Field, is not governmental, but proprietary. The operation of PNC Field is intended to generate, and does generate, substantial profit. It is a business venture."
Melissa Melewsky, media law counsel with the Pennsylvania Newspaper Association, disagreed with the argument.
"They're dealing in public money and with a public agency," she said. "If businesses were allowed to make that argument on a routine basis, we would know very little about what is going on in government in Pennsylvania because private agencies are often performing the work of the government.
"There wouldn't be any accountability," she added.
Contact the writer: cschillinger@timesshamrock.com
3 posted comments
Nuff said.
Nuff said.