Public Right to Speak Case to Conclude On Monday, July 1, 2024

---

SOS will be back in court Monday afternoon at 2:00 p.m. for a final hearing in our "public right to speak" case against the Austin City Council.  The hearing will be held at 2:00 p.m. in the court of the Honorable Travis County District Judge Daniella Deseta Lyttle on the 10th Floor of the Travis County Civil Courthouse, 1700 Guadalupe.  The hearing will last approximately 2 hours and the public is invited. Please attend and observe if you are interested and available.   

SOS already won much of this case with two prior court rulings and the Austin City Council adopting new City Council meeting procedures that limit public speakers on a "per item" basis.  This means members of the public get at least 2 minutes to speak on each and every item on the City Council's Thursday meeting agendas. Read more here at the Austin Free Press (and sign up for AFP news alerts). 

However, the City Council's new procedures still prohibit public speakers at Tuesday City Council work session meetings.  Often, the council will discuss and begin to stake out positions on items set for the regular Thursday council meetings.  When they do this, having the right to speak at the Thursday meetings is too late.  The Texas Open Meetings Act specifically calls for a public right to speak at the same meeting where there is "consideration" of an action, even if no action is taken.  

Also, the City Council's new meeting procedures, while adopted by city ordinance as required by the City Charter, state that the procedures are merely "directory" and nonbinding on the council.  SOS reads the statute to require an enforceable "rule" on public speaking that is "reasonable" if the council wishes to limit public speakers to a set amount of time.  

This "right to speak" 2019 amendment to the Texas Open Meetings Act is an important guarantee for public participation in the decisionmaking of city councils, county commissioners courts, and other local governing bodies.  With your support we have already set important legal precedent in this case.  We will do our best to extend these protections on Monday.