Constitutional Law

Fla. high court won't hear case on speaking at meetings

By By The Associated Press

TALLAHASSEE, Fla. ? The Florida Supreme Court has refused to take an appeal from a lower court ruling that says citizens have no right to speak at meetings of government bodies.

The decision is a setback for open government because city councils, county boards and other government bodies don't have to give citizens "the time of day," First Amendment Foundation director Jim Rhea said yesterday. The media-supported, nonprofit foundation advocates for open meetings and records.

The Supreme Court on Oct. 25 issued a brief order declining jurisdiction in the case.

The 1st District Court of Appeal in March rejected claims by two citizens, one now deceased, that Pensacola's Community Maritime Park Associates had violated Florida's open-meetings law by refusing to let them speak.

Florida's open-government, or "sunshine," law covers the private parks organization because it's overseeing a public-park project. The law says meetings of such bodies must be "open to the public."

A three-judge panel of the appeal court ruled that phrase means citizens have a right only to attend such meetings.

"In other words, Floridians should be 'Seen But Not Heard'? How do we consider ourselves a participatory democracy if citizens aren't allowed to speak?" Rhea wrote in a message to foundation members.

The state Supreme Court on Oct. 13 also declined to take up a similar appeal from a 1st District ruling in a case involving the Alachua City Commission.

In the Pensacola case, lawyers for the park group argued against Supreme Court jurisdiction on grounds that the 1st District decision does not conflict with any other appellate ruling. They also contended it's not in conflict with earlier state Supreme Court rulings that say citizens have a right to be heard but don't rule on that point.

Rhea said high court jurisdiction could be triggered in the future if another appeal court ruled differently. Another option would be to ask the Legislature to change the law, he said. That's something the 1st District also pointed out its decision, Keesler v. Community Maritime Park Associates.

Full post as published by First Amendment Center on October 26, 2010 (boomark / email).