A determined Pennsylvania mom may finally be able to see taxpayer-funded “Diversity, Equity, and Inclusion” (DEI) materials used to train teachers, staff, and students in her children’s public school district.
Mom of three Ann Trethewey is an involved parent in every way, attending every school event and staying deeply engaged in her children’s education. But when Ann investigated whether the Downingtown Area School District (about 30 miles from Philadelphia) was indoctrinating students in the racially divisive tenants of “Diversity, Equity, and Inclusion,” she hit a brick wall. Administrators were hiding public records behind something called “trade secrets”—and they planned to use this flimsy excuse to continue behind a cloak of secrecy.
In 2023, seeking to learn more about what was being taught in the district, Ann filed a public records request for “all documents and materials (paper or electronic) and all presentations used by the Diversity, Equity, and Inclusion (DEI) program director and DEI staff that were used to instruct or lead any training or programs to any staff, teacher, counselor or student in the Downingtown Area School District.” But the district denied her request, claiming that the records were exempt because they revealed a “trade secret” or “confidential proprietary information.”
This brings to mind sensitive information that, if released, would jeopardize a business’ economic competitiveness over that of a fierce rival. It seems absurd that such an exemption could apply to training given by government employees to public school teachers who then use that training to indoctrinate our children.
The district’s only justification for this “trade secrets” assertion? A sworn statement from the district’s DEI director, Justin Brown, who asserted that he created the materials before his employment with the district, that they were highly confidential, and that disclosure would cause him “substantial commercial and competitive harm.” But these were nothing more than conclusory statements. And Brown failed to specify what the “harm” would be or even who his competitors were. Accepting Brown’s reasoning would have set a dangerous precedent—government-sanctioned training materials—used to train thousands of government employees daily—could be shielded from public disclosure and transparency if officials simply labeled them as a “trade secret.”
Last week, in a landmark decision, the Commonwealth Court of Pennsylvania delivered a resounding victory for transparency, ruling that the DEI training materials were not trade secrets because their value was derived from being shared with employees, not from being kept secret. Materials that are so widely distributed simply cannot qualify as trade secrets.
The court also said that Brown provided insufficient evidence to show that the materials constituted confidential proprietary information. He didn’t provide specific details about the materials, and failed to identify any competitors or demonstrate how disclosure would cause him “substantial harm.” And by obtaining a copyright for the training materials, Brown had already disclosed key aspects of his work in exchange for economic protection. Copyrighted materials have duplication restrictions, but they are not exempt from disclosure and must be made available for public inspection.
My partner James Fitzpatrick and I proudly defended Ann’s parental rights as members of the Goldwater Institute’s American Freedom Network of pro bono attorneys. This decision is a crucial victory in the fight for parental rights and government transparency. But the fight to protect parental rights isn’t over. School districts across the country continue to use secrecy, including unfounded claims of trade secrets and proprietary information, as a shield to push ideological agendas. We must remain vigilant and persistent in defending transparency, because parents have a right to know what their children are being taught in taxpayer-funded schools.
Wally Zimolong is a Pennsylvania-based attorney and founder of Zimolong LLC, a law firm built on representing conservative causes. As a member of the Goldwater Institute’s American Freedom Network of attorneys, he represented Ann Trethewey in her fight for transparency and accountability in public schools.
