Trust the Right-To-Know Law Process

The Philadelphia 76ers’ mantra is: Trust the process. Sixers’ owners Josh Harris and David Blitzer entrusted limited partner David Adelman with shepherding their proposal to build a new basketball arena through the review and approvals process. Nearly two years and millions of dollars later, 76 Place is no closer to being “a done deal.” It’s now a “saga.”

I began to draft my first Right-To-Know Law request for records related to 76 Place shortly after it was reported that a provision that would have paved the way for the Sixers to build an arena adjacent to Chinatown was slipped into an unrelated bill introduced by Councilmember Mark Squilla. Mayor Jim Kenney and Squilla pointed the finger at each other as to the source of the “immaculate” legislation.

In July, I submitted RTKL requests to then-Mayor Kenney, City Councilmembers, including Squilla, and City agencies that have jurisdiction over some aspect of the project. All of my requests were denied. The City consolidated my requests on appeal.

The Office of Open Records issued its final determination on January 9, 2024. My appeal was granted in part and denied in part. The OOR ordered the City to turn over responsive records by February 9, 2024. The records include Squilla’s communications with Adelman and PIDC, the nonprofit organization that commissioned the “independent studies” paid for by the Sixers.

The City may withhold records that contain confidential proprietary information or trade secrets. As with the earlier orders, the City is expected to appeal the OOR’s final determination to the Court of Common Pleas.

Meanwhile, the release of the “independent studies” has been delayed. Squilla appealed to the community “to wait for these studies.” In the coming weeks, we will have the spectacle of Squilla asking the public to trust a process that has been tainted from the beginning while at the same time in court fighting to withhold from the public his communications with Adelman, PIDC, and 76 Place lawyers, lobbyists and development team.

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