HONESDALE, Pa. — The Wayne County Correctional Facility has been ordered to release surveillance footage recorded in its prison parking lot that was requested by NEPA News, which is working on a related story. 

If the County does not appeal the order, the case would mark the first time in Pennsylvania history that any person or organization has successfully obtained surveillance video from a correctional facility through a Right-to-Know Law appeal. 

In a statement, NEPA News publisher Doug DiPalma said: “The ruling is significant and will likely influence future cases involving access to surveillance footage at government facilities. At NEPA News, we will continue to advocate for the public’s right to know about how local government operates and make future challenges when it’s believed that public information is unnecessarily, and sometimes illegally, hidden from view."

The Pennsylvania Office of Open Records made the decision on March 11 in a determination letter after the county denied a Right-to-Know Law request seeking the video. Unless the decision is appealed in court within 30 days, Wayne County must release the footage by April 11. 

In its March 11 final determination letter, the Office of Open Records acknowledged NEPA News’ argument that there is a public interest in disclosing the footage and ordered the county to release the video.

NEPA News first made the formal request on January 7. In a denial letter on January 14, Wayne County Open Records Officer Andrew Seder wrote that “the same evidence will be submitted in this case and the result from the Office of Open Records would be consistent,” referencing a previous NEPA News appeal that the Office of Open Records denied. That earlier decision has since been appealed to the Wayne County Court of Common Pleas and is awaiting placement on the court docket.

During the appeal, the county submitted sworn affidavits asserting that releasing the surveillance footage would compromise prison security. NEPA News submitted evidence challenging those claims and the Office of Open Records ultimately ruled that Wayne County failed to demonstrate how releasing footage from an exterior area of the facility would threaten security.

“It is not evident how the disclosure of footage of a publicly accessible area would be reasonably likely to pose a threat, especially where the camera is clearly visible in a public area,” the Office of Open Records wrote. "As such, the County has not met its burden of proof. See 65 P.S. § 67.708(a)...for the foregoing reasons, the appeal is granted, and the County is required to provide the requested footage within thirty days.”

Pennsylvania’s Right-to-Know Law, enacted in 2008, grants the public the legal right to access records from state and local government agencies, with certain exemptions for security, privacy and other protected information. 

Disputes over denied requests are reviewed by the Office of Open Records through an appeals process.