Legal Hotline

Q:A reader called to complain about a contractor ad that appeared in our paper and on our website. The ad did not contain a contractor registration number, and the reader was unhappy with the work performed. Does my news organization have liability for ads that do not contain a contractor registration number, and what should…

Q: I filed a Right-to-Know request asking to inspect records. I want to look at the records to help me decide which are most relevant, and to reduce copy fees. The agency granted my request but is charging redaction and hourly staff time fees for an employee to watch over me while I review the…

Q: A local agency prohibits members of the public from raising an objection about Sunshine Act compliance during public meetings and restricts objections to the public comment portion of the meeting. Is that OK? A: No. This is not consistent with the rights enshrined in the Sunshine Act, which, among other things, expressly provides for…

Q: What are the rules when using collegiate team names, logos, and NCAA trademarks like “March Madness” and “Final Four” in advertising? A:  Advertisers cannot use team, individual or National Collegiate Athletic Association trademarked terms, phrases, or logos without permission. The NCAA has registered several terms, phrases and logos with the United States Patent and…

Q: Are settlement agreements involving public agencies considered public records? Can an agency rely upon a confidentiality clause in a settlement agreement to deny access?  A:  Settlement agreements between public agencies and third parties are public records, and the Pennsylvania appellate courts have consistently held that confidentiality clauses in these agreements are not enforceable.  Under…

Q: Does HIPAA prevent hospitals from releasing any and all information about patients? Does HIPAA restrict our ability to publish medical information? A:  While HIPAA prohibits unauthorized release of individually identifiable health records, it permits the release of “directory information” about patients identified by name in certain circumstances, and HIPAA does not apply to the…

Q: What documentation should news media organizations get from advertisers when allowing “adult 55+,” “retirement community,” “senior housing” and similar terminology in a housing ad? A:  Publishers are generally not liable for this type of wording in housing ads if they rely in good faith on the advertiser’s formal, written statement regarding its ability to…

Q: What are the rules when using terms like “Super Bowl,” “Super Sunday,” and NFL team names, logos and players in ads? * NOTE: This advice applies to commercial uses like advertising and marketing; it does not apply to news coverage. A:  The terms “Super Bowl,” “Super Sunday,” as well as NFL team names and…

Q:  A board of supervisors heard testimony on a zoning application, took public comment, and then announced that they would “meet privately to discuss the application and public comment.” After the private discussion, the board voted publicly to approve the application. Can they do that? A: Yes, they can, but the board is not required to conduct these…