A Blank Rome team secured a significant victory for Greenwood Gaming and Entertainment, Inc. d/b/a Parx Casino and Racetrack ("Parx") before the Pennsylvania Supreme Court in successfully preventing the disclosure of private and confidential casino financial information under Section 506(d)(1) of Pennsylvania's Right to Know Law ("RTKL").
The matter arose when a private attorney filed an RTKL request in his personal capacity seeking confidential tax and bank account information from the Pennsylvania Gaming Control Board. The requester advanced a unique theory that Parx qualified as a "contractor" of the Commonwealth simply by virtue of holding a gaming license, thereby subjecting its records to public disclosure under the RTKL's provisions governing public contractors.
On behalf of Parx, Blank Rome successfully intervened at the Commonwealth Court, which, following oral argument, ruled in favor of Parx and the Gaming Control Board. The Court held that merely holding a gaming license and paying taxes to the Commonwealth does not render a casino a public contractor under the RTKL. The requester appealed the decision, and the Pennsylvania Supreme Court denied the appeal, affirming the protection of Parx's confidential financial information.
This outcome establishes important precedent for the gaming industry, reinforcing that maintaining a gaming license does not create a public contractor status for purposes of the RTKL, thus protecting confidential business records from disclosure.
The Blank Rome team was led by Stephen D. Schrier, Christina Manfredi McKinley, and Maya C. Bradley with support from Jonathan Goldman.