In Northwest Lehigh County, The almighty corporation known for its always low prices (and mediocre wages) wants to build a new store in Schnecksville along Route 309. This is in North Whitehall Township, and a group of citizens, calling themselves "North Whitehall Township for Sustainable Developement" are concerned about the impact in their community.
To that end, they went to the Township and asked for a copy of the subdivision plans submitted by Walmart, so they could review and comment on them.
That seems simple enough, doesn't it?
Guess again. The Township refuses to release the documents for public viewing, because Walmart asserts the plans are copyrighted and not public documents.
Whoa, Nellie! That's a new one!
Under those parameters, every developer could claim copyright protection, and the public would never know what the hell was being built on their block. Everything would be done behind closed doors, and the public could never review plans until after the appropriate boards had already voted on them. Who needs sunshine laws?
Walmart is pressing to set a dangerous precedent circumventing public discourse, and the governing body of North Whitehall Township, by acceding to Walmart's claim of "copyright" protection, is enabling this travesty.
Eight years ago, Walmart beat back "No-mart" efforts in Lower Macungie, and built their Superstore on Hamilton Boulevard. This time they've come to fight hard and fast, and are attempting to knock out dissent before it gets a foothold.
I know in the long run, Walmart eventually will win. They always do. But these tactics are setting a precedent in how municipal governments review these proposals that will have detrimental effects on public input farther down the line. This needs attention now, and people need to realize how their right to have input in how their community grows is being circumvented. Main stream media, wherefore art thou?
Late afternoon Update:
I received a phone call this afternoon from John Getty, one of the leaders of the community group asking for copies of the Walmart building plans. He explained to me that his group has hired a consulting Engineer based in Lancaster to review the Walmart plan, and allowing them a copy to take to their offices for a comprehensive examination is all they are asking. it is a great inconvenience for them to try and give an overall examination of the plans under the constrictions in the township building. In the Township office, There is something of a counter along one wall, that he described as possibly being used as a table, if there were chairs.
He explained Walmart's issue is that the opponents could take the plans, and build their own store. that is why they are claiming the copyright. To me the law may allow this legally, but I think the law might need some changing to allow the common sense for the public to examine a developer's proposal.
This issue is all about Walmart using whatever means possible to slow down and defeat anyone who might oppose their plan. That really isn't the spirit of what the law intended.
I want to thank Mr. Getty for responding to my inquiry and mention that he asked me to change only one line of my post. "Walmart will eventually win, they always do." He asked me to delete it, or say, Walmart doesn't always win, Maxatawny and Kutztown stopped them.
You know what, they did. For now.
Wednesday, February 20, 2008
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21 comments:
chris, perhaps these documents are available for review at the township office. if a developer had to provide a copy of the plans to every group who so desired to see them, it could be an enormous burden. the copy of the engineering plans probably cost hundreds of dollars, in that they are very oversized and contain many sheets on various aspects. these reviews are a tedious process, for both the applicants and the objectors.
Excellent post, Chris. It's good to see things back on track here at the Poliblog.
That copyright plan does seem a bit shady, but Wal-Mart always has a plan. They very rarely ever give up a fight.
And yes, where is the MSM on this? Maybe they're still putting a report together. (Doubtful, but possible.)
there is an article in the paper, this is where chris apparently got the information for this posting. i believe the group applying the "right to know" law is a misuse of that legislations intention, and is being used as a right to interrupt. those familiar with development know plans are a work in progress, revised as the project winds its way through approval(or disapproval).
chris, two questions? you ask where the main stream media is, and is not your posting based on todays article in the morning call? the article in the call clearly states the public is entitled to review the plans in the whitehall planning office, so why say things are behind closed doors. the planning meetings are open to the public, no approval by any township is done behind closed doors, why the sensationalism? it is not my desire to open any "old" wounds between us, i am just disturbed by your angle on this story.
Thanks, MM. I didn't notice the article on TMC's site today.
A commenter in the forum posted the following:
"The Township is doing the right and Legal thing. I work in the Engineering Industry and that is a global practice that the Firm owns and controls the Document. The Township is only allowed (and is required to) Display the Document for Public Review. Without consent from the Engineering Company they cannot Duplicate or Distribute the drawings and to do so without permiossion would be breaking Federal Trade Laws."
Chris, MM is correct. Here a link.
I did not get it from the Morning Call. I got it from a concerned group of citizens, who were willing to pay for the plans to be copied, but were told it could not be done. I was going to do this last night but was too damn tired
Those that supplied the information to me know that. This happened ten days ago, and the MCall is now getting around to it. I was approached because they felt the MSM was ignoring them.
chris, in that case, accept my apology for any offense you took at my comments
`to be fair, yes citizens can view the plans, but the conditions are limited, they can't leave the building, there is no table to spread them out on, you have to sit on a chair and either lay them out on the floor or hold them up in the air. Is that really making them available? Plus you have to leave at closing time. What if just take a digital camera in and sneak pictures of the plans? who would know as long as they didn't publish them? They could always say they hired a guy with photographic memory to look at them and he drew a copy!
Walmart tweaks the law every chance they get. They are going to win, but could we at least get a semblance of fairness?
MM, I am reasonable. We are talking specifically about North Whitehall Township, not Allentown. The point is, The Township and Walmart can examine the plans under leisurely conditions, in comfort, if you will. Regular citizens are not being availed that opportunity, and i think it is a reasonable argument to point that out. You made your point, now relax and sit down! Please?
What's with the deleted comments?
Chris,
I read both of the comments you deleted. For the life of me, I can't understand why you did that. His first comment related to the difficulty of using the Right to Know law to follow the money in six separate Allentown agencies. The second related specifically to Wal-Mart, and in fact was a defense. I did not read either comment closely but they were both on topic. Both related to citizen access to government documents. Under the new Right to Know law, the government will have the burden of proving why the records can't be disclosed. The fact is that all these plans must be produced on milar. It costs roughly $300 for a milar plan.
I advocate open and accessible government, and probably would disagree with Michael's second comment. But now it's not there for discussion.
It's your blog and you can do what you want, but I sure don't understand the deletion or the lecture to Molovinsky.
I deleted them. I get tired of him going on and on. He didn't say anything he hadn't already said 2000 times before. I would completely delete everything he said if casey didn't stop me.
"I deleted them." -Mad as Bats
How fast can you un-delete them ... blocking and muzzling someone makes you look like a managing editor at The Morning Call ...
I tried to bring them back, but I can't figure out how.
Here is a lesson. North Whitehall (and many other townships for that matter) are as hush hush as the state and big cities. They fear the sunshine just as much. Just ask the folks in williams township.
But these townships don't get any kind of exposure to the sunshine b/c local reporters rarely get to their meetings.
If you want another example, go ask Alburtis about it's well drilling and how much it ran over budget in 2007. The kicker is that it was never reported and I doubt it was part of any of the budgets.
"To me the law may allow this legally, but I think the law might need some changing to allow the common sense for the public to examine a developer's proposal."
The problem there is that you can't define "common sense." But yes, they should be easily available to the public since it is their community.
Purging someone's post (ideas) is akin to the book burnings of the Nazis starting in 1933. Let's not go down that slippery slope.
Secondly, being devil's advocate. Chris, would you have objected if this was a local Mom & Pop operation, who had sunk their last dime into a proprietary design? Or is your beef just with Walmart? Is it sincerely an open records issue or is this a tactic against Walmart? Why haven't you objected before Walmart's proposal, if not?
By the way, I am not sticking up for Walmart, because I boycott going into their stores. I am just trying to figure out the issue here.
BC, This isn't just about Walmart. Imagine the precedent being set. Other Developers could claim copyright on their housing plans, and neighbors of that would have an uphill fight. What further aggravates me is that the Township isn't putting up a fight. It is about fairness, and input into what your community grows into over time. As for full disclosure, I once worked for a division of Walmart, and I own stock in the company.
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