The City of Pittsburgh continues to have trouble understanding what the word “public” means.
As various media outlets have reported, the city, using taxpayer dollars, is in court fighting the release of inspection, maintenance and payment records for the Fern Hollow Bridge, the span that collapsed in late January, injuring several people.
One of those was Daryl Luciani, a Port Authority bus driver. His attorneys are seeking “pre-complaint discovery documents” as they prepare to file a lawsuit.
His attorney argues such information is necessary to determine just who should be named as defendants. The bridge was owned by the city, which was responsible for maintenance and repairs — but the state had oversight responsibility. It has become painfully obvious that both parties fell short.
Far short.
The city is arguing that the National Transportation Safety Board (NTSB) is not allowing any materials being used in its investigation to be made public. That probe could last up to two years.
“The NTSB has indicated [it wants] a clear, clean … investigation,” said John Doherty, an associate solicitor for the city.
Any lawsuit can be filed now and traditional “discovery” can be performed in due course, with any additional defendants added later, the city says.
But even then, the city is arguing that the court should first be allowed to review such information to determine if it should remain out of public view.
The city also argues that public release of such information could taint the jury pool should this civil case go to trial.
Consider it – all of it — buncombe being spread with a very large shovel.
The only thing that stands to make the NTSB probe unclear and/or unclean is this continuing lack of transparency. Such a cloak of secrecy, now or later, disserves taxpayers and mocks sound public policy.
As one plaintiff attorney, Steven Barth, further responded to the city’s position:
“We’re dealing with a public defendant. We’re dealing with a very important issue for the public at large,” he said. “It’s not my fault you’re going to be embarrassed by what’s in those documents. It’s not my fault there’s a political bomb in there.
“These are public roads. These are public bridges,” he said. “It’s a public defendant.”
Indeed, “public” is the operative word here. That the city – and even the NTSB – argue that the public should be denied access to all such information (whether temporarily or permanently) is unacceptable.
Colin McNickle is communication and marketing director at the Allegheny Institute for Public Policy (cmcnickle@alleghenyinstitute.org).
