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Ammunition Bought by a Sheriff’s Office Was Not Exempt Under The RTKL

By Liza Stagliano on August 19, 2024
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In the matter of Tom Lisi and LNP Media Group, OOR Docket No.: AP 2024-1269 (June 14, 2024), Lancaster County argued that the disclosure of the type and amount of ammunition bought by the Lancaster County Sheriff’s Office would threaten individual security and public safety under 65 P.S. § 67.708(b)(1)(ii) and 65 P.S. § 67.708(b)(2).  To support its argument, the County cited to several prior OOR Final Determinations and presented an affidavit from the Chief Law Enforcement Officer.   

The OOR found that the instant request relating only to ammunition is distinguishable from the prior cases wherein the requests sought information regarding the type of weapons available to officers or procedures and tactics pertaining to weapons.  The OOR further found that the affidavit was speculative and did not contain the requisite level of detail establishing how the disclosure of ammunition would be reasonably likely to threaten officers’ security or jeopardize public protection activities. 

The OOR determined that the County’s speculative or general evidence did not sufficiently demonstrate a real and apparent risk of harm to individuals or the public at large, and therefore the County was required to disclose the amount and type of ammunition bought by the sheriff’s office. 

  • Posted in:
    Government and Public Policy
  • Blog:
    PA Right to Know Law Blog
  • Organization:
    Francis G.X. Pileggi
  • Article: View Original Source

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