Woodburn, Indiana, Using Attorney to Defend the City From Public Record Requests
The City of Woodburn, Indiana, and East Allen County Schools go on the defense when asked about coordination with Lifewise Academy construction project.
If you are new to the story of Woodburn, Indiana, and Lifewise, the short version is that the City has allowed Lifewise Academy to construct a building on city-owned property next to the elementary school. Indiana state law 20-33-2-19 requires that Lifewise and other released-time religious programs “not be supported, in whole or in part, by public funds.”
I am still waiting for the City of Woodburn, Indiana, to fulfill or deny the records request. However, I did receive a letter from the mayor’s attorney that contained some interesting, and one would assume unnecessary, language.
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As also previously indicated to you, the APRA does not set any specific time period for producing public records, but rather only for responding to the request. This letter should serve as the City’s initial response and acknowledgment of receipt of your July 6, 2026, request, not as a denial of said request. Despite the same, the City reserves the right to assert any and all defenses the City may have under the APRA or other applicable law, including but not limited to the right to deny your request, either in part or in whole, if it is found to be not in compliance with the APRA or outside its scope.
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Kevin Bruns
Beers Mallers, LLP Attorneys at Law
I added the highlighting to ensure the line stood out. This is merely a public records request to a public office. There is no lawsuit; there is no trial the City is defending itself against. The Indiana law referenced in the letter was created to stop people from fishing for records. This situation is very different. There are public records of construction on City property for a Lifewise building, and there are comments at public meetings about the construction. Requests for public records should not be treated as a legal attack on the City. But Woodburn appears to be on the defensive.
The East Allen County Schools (EACS) have also used legal means to prevent the release of records documenting their coordination with Lifewise Academy regarding the construction of a building on public property adjacent to the school. The approved plans show Lifewise using the school’s parking lot, and no plumbing is being installed in the Lifewise building, so it’s assumed Lifewise would use the school’s facilities.
The school district's response cites a letter from the Indiana Public Access Counselor. The letter suggests that searching an email system for keywords, dates, and other characteristics is a wild goose chase. In fact, most government agencies use Google or Microsoft email services. These platforms include built-in tools for record retention, search, and discovery. It is not a wild goose chase.
EACS uses Microsoft Exchange for hosted email. The tools for record searches are built in, and results can be easily exported. The public records laws exist to support the public. Protecting the actions of public agencies behind these laws was not their intention.
The City of Woodburn, Indiana, and the local school district are providing public resources to a ministry and using all legal means to block or delay access to records about the project. There have been no responses from the City or School District regarding actions that violate Indiana law on public entities supporting released-time programs like Lifewise Academy.
Indiana State law 20-33-2-19 requires that RTRI programs “not be supported, in whole or in part, by public funds.”
The silence is probably the answer.