A group of Berks County residents has spent thousands of dollars trying to get a rural township to disclose a proposed ordinance that could have affected local farms, which experts say residents are entitled to see.
Tulpehocken Township has in turn spent thousands of dollars to keep that information secret, arguing state law protects the release of drafts not presented at public meetings.
One open records expert told Spotlight PA that “it’s particularly stunning” to see “public agencies use taxpayer resources to thwart public access.”
“And in this case, it’s particularly egregious because we’re not protecting a trade secret or some confidential, proprietary information,” said Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, of which Spotlight PA is a member. “This is quite literally a proposal that will govern the lives of the taxpayers and residents in that community.”
Tulpehocken supervisors began discussing drafts of the ordinance regulating agritourism, short-term rentals, and agritainment in public meetings last February.
However, they refused to provide copies to farmer John Schueller, who told Spotlight PA he felt he could not fully take part because he was not well-informed on all the proposed details.
“It’s very difficult to participate productively and intelligently when you don’t have a document in front of you, and the entire document is not being shared verbally,” said Schueller.
Melewsky agreed that access to proposed laws is crucial, saying, “It’s important as members of the public to actually be able to understand the discussion happening in front of your eyes.”
The state Office of Open Records, which oversees public access disputes, ruled twice that the township must release drafts of the proposed ordinance to Schueller.
However, the township appealed the decisions in a Berks County court — something that happens in only 5% of cases, according to the OOR. The cases are still pending.
So far, Schueller estimated he and other residents who have contributed to his fight have spent $5,000. He thinks he’ll end up spending $2,000 to $3,000 more.
The township has spent at least $3,776 to fight Schueller’s request, according to billing records obtained by Spotlight PA through a Right-to-Know request. The total does not include charges billed for “right-to-know response” or “OOR appeal” because Spotlight PA could not verify they applied to Schueller specifically.
Tulpehocken Township Secretary and Treasurer Kathryn Judy and Solicitor Michelle Mayfield declined to discuss the case, telling Spotlight PA they would not comment on litigation matters.
Schueller’s situation highlights a flaw in Pennsylvania law that leaves citizens to spend their own money to fight for access to information without any way to ever get that money back if they win, said Melewsky.
“It’s a significant shortcoming in Pennsylvania law that this man will have to now pay to oppose government-funded lawyers just so he can participate with his government in an issue that’s going to have a direct impact on his life,” she said.
An ongoing court battle
Schueller has lived nearly all of his 56 years in Tulpehocken Township. Not far from I-78, the rural township of about 3,500 people is home to family-owned dairy, hog, beef, and grain farms.
He first learned about the proposed agriculture law in February 2025, when supervisors discussed it in a meeting. Then he saw it listed on an agenda in March, but the township would not give him a copy of the proposal. In June, he submitted a Right-to-Know request for the draft when his informal requests were denied without a clear explanation. He also requested correspondence between the township and local and county planning commissions.
The township denied the request, saying the correspondence didn’t exist or was protected by attorney-client privilege, and that the draft was exempt from release under state law.
In July, Schueller formally requested the township provide all past proposals that had been discussed in meetings from March until July, and copies of correspondence with the Berks County Planning Commission. The township also denied that request.
Schueller appealed the decisions to the OOR. In both cases, the agency found the township had misapplied state law regarding the drafts and ordered the release of those records to Schueller within 30 days.
The township is challenging both OOR decisions in the Berks County Court of Common Pleas. One case was heard in October and awaits a decision; a trial date has yet to be set in the other.
The ordinance, as it was first introduced, is no longer on the table. The township voted in October on a revised draft that removes regulations for agritourism and agritainment, but keeps the proposed regulations for short-term rentals.
But Schueller is still fighting for copies of the older drafts on principle, saying the public still has the right to see them. He feels he would be sanctioning the township’s behavior if he gave up.
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He said he voted for all of the township supervisors who currently sit on the board and is disappointed in the situation and their decision-making. He never thought the township would drag the case out this far.
Schueller said he believes a citizen’s right to participate in public discussions is one of the most important aspects of the U.S. government. And he plans on fighting for as long as he has to get what he deems as public documents.
“We have a Right-To-Know procedure that’s supposed to enable residents to get information so the community as a whole can participate,” Schueller said.
