Southeast Pennsylvania Transit Authority v. Anderson

Case Number: 48 CD 2024

Court: Commonwealth Court of Pennsylvania

Client: Faye Anderson

Entry of Appearance Filed: April 25, 2024

Background: In August 2023, journalist Faye Anderson, founder of PHL Watchdog, filed a public records request under Pennsylvania’s Right-to-Know Law seeking access to records from the Southeastern Pennsylvania Transportation Authority related to the Philadelphia 76ers’ proposal to build a new sports arena in Philadelphia’s historic Chinatown. Anderson’s request specifically sought invoices, emails, reports, and other records shared between SEPTA officials and a wide range of city officials, developers, and others concerning the proposed arena.

SEPTA denied Anderson’s request in full, arguing that it was not specific enough for officials to search for the records. Anderson appealed to Pennsylvania’s Office of Open Records, which ordered the agency to turn over some — but not all — of the requested records, concluding that parts of the request were sufficiently specific. 

SEPTA appealed the OOR’s final determination to the Commonwealth Court of Pennsylvania. Paula Knudsen Burke, the Reporters Committee’s Local Legal Initiative attorney for Pennsylvania, began representing Anderson in this matter in April 2024.

Related: Burke represents Anderson in a separate public records case against the City of Philadelphia Planning Commission. That case, which is being litigated in the Philadelphia County Court of Common Pleas, also concerns records related to the Philadelphia 76ers’ proposed sports arena.

Updates:

• On May 21, 2024, the Commonwealth Court granted the parties’ joint motion to pause briefing in the case while they explore a possible settlement.
• After the parties failed to resolve their dispute, the Commonwealth Court issued an order on July 22, 2024, lifting the stay on the briefing schedule in the case.

Filings:

2023-12-20: Office of Open Records final determination 

2024-01-19: Agency petition for review

2024-04-23: Agency brief

2024-04-23: Agency reproduced record

2024-04-26: Requester application for extension

2024-05-02: Court order granting extension

2024-05-16: Joint motion to stay appeal

2024-05-21: Court order granting motion to stay

2024-07-22: Order

2024-08-30: Anderson’s brief

2024-09-13: Agency reply brief

2024-11-05: Anderson’s application to strike