New Austin City Council Meeting Policies upheld by Judge: Impact on Public Testimony

The revised ruling and its implications

Residents attending the next City Council meeting in Austin may notice some slight changes in the procedures for public comment under the new rules that were adopted this spring. This change came following a lawsuit wherein the claim was raised that the rights of the locals to voice their opinion were incorrectly being restricted.

A Brief Overview of the Texas Open Meetings Act

The Texas Open Meetings Act details various regulations designed to maintain transparency in government procedures, which includes the conduct of meetings like those held by the City Council. It covers a myriad of areas, including the provision relating public testimony approved by state legislators in 2019. It has stated that government officials can stipulate “reasonable rules” for public observation, including setting a time limit for speaking “on a given item” in the meeting’s agenda.

The Challenges Faced and the Outcome Derived

Nationally renowned attorney Bill Bunch, representing the Save Our Springs Alliance, challenged the public speaking procedures of the Austin City Council this year, compelling the council to devise new rules that were validated in court on July 1. Bunch had earlier declared that the case was delving into “new territory” following the changes to the Open Meetings Act in 2019.

Austin city officials have historically provided individuals a set time limit to put forth their comments, instead of separate allocations for as many individual items as they would like to comment on. Bunch argued that the current law demands officials to offer per-item time limits, and he sued the council in April to enforce that change. The case saw two local judges siding with Bunch this spring, directing the City Council to offer more speaking time immediately, which led the council to formulate new meeting rules, including a per-item time allowance of 2 minutes, on May 30. These new policies are now applicable to all regular meetings, resuming from July 14 week.

The Verdict by District Court Judge

District Court Judge Daniella DeSeta Lyttle decreed on July 1 that the newly devised rules are “reasonable” under the Open Meetings Act and can remain in force in Austin, with a minor adjustment to assure the policy’s execution.

Testimony Limitations at Non-Voting Sessions: A Related Dispute

Alongside settling the speaking time issue, Bunch put forth a related grievance that City Council was unjustifiably restricting public participation at non-voting gatherings. However, this claim didn’t get any ground.

Lyttle eventually sided with the city in her statement delivered on July 1, ruling that Austin’s policy against resident testimony at work sessions is legal and that city officials have the authority to allow residents to voice their perspectives at these gatherings if they so choose.

Official and Public Reactions to the Regulation

An Austin spokesperson expressed the city’s satisfaction with the legal outcome, underlining that the city upholds the rights and the critical significance of community interaction and engagement with the government. The spokesperson appreciated the court’s recognition of the city’s new modus operandi associated with public speaker time, confirming its compliance with the Texas Open Meetings Act.

Meanwhile, Bunch voiced his disagreement with the verdict and hinted at the possibility of pursuing further legal action, post Lyttle’s ruling passed in early July.