UPDATE: Texas Officials Look to U.S. Supreme Court to Curb Open Meeting Law Sanctions

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Fifteen Texas elected officials across the Lone Star State will petition the U.S. Supreme Court to hear their  claim that the penalties imposed by the Texas Open Meetings Act ("TOMA") [Tex. Govt. Code Sec. 551.001(3)] violated their First Amendment rights, the Amarillo Globe News reports.

In a story oft-reported here (see "TUOL" posts 7/29/10, 2/4/10, 12/15/09), elected officials who violate the provisions of TOMA face a $500 fine and up to six months in jail, sanctions the appellants argue violate their First Amendment rights. The officials contend the widespread use of emails and social media make it easy for elected officials inadvertently to violate TOMA.

Should the Supreme Court agree to hear the case, TOMA's backers don't sound particularly worried, according to the Globe News article. Texas' Former Solicitor General noted that the High Court has previously rejected First-Amendment challenges to Open Meeting Laws and Greg Abbott, the state's Attorney General, told the Globe News that TOMA is crucial because "[m]aking meetings accessible and allowing the public to see how decisions are made are the foundation of open government."

UPDATE: 5th Circ. Upholds Texas Open Meetings Act Sanctions

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In Diana Asgeirsson, Alpine Council Member, et al. v. Texas Attorney General (Case No. 11-50441), a three-member panel of the United States Court of Appeals for the Fifth Circuit this week unanimously upheld a provision of the Texas Open Meetings Act ("TOMA") [Tex. Govt. Code Sec. 551.001(3)] that subjects violators to misdemeanor penalties of up to a year in jail and a maximum $500 fine, the Houston Chronicle reported.

Local government officials in  15 communities, including  Wichita Falls and Sugar Land, have been fighting the measure for more than six years on First Amendment grounds, and are weighing an appeal before the entire 17-judge Fifth Circuit. (See "TUOL" posts 7/29/10 & 12/15/09.)

Discussing public business behind close doors, the appellate court wrote, "would decrease government transparency, and the state has determined that the benefits of making these discussions public outweigh any harm done by the disclosure of information."  TOMA does not apply to the governor, executive-level policymakers or the state legislature, the Chronicle article noted.

Fed Court to Texas Pols: No 1st Amendment Right to Closed Door Meetings

Image via WikipediaThe U.S. District Court for the Western District of Texas last week ruled in Asgeirsson et al. v. Abbott (Case No. P-09-cv-00059) that the Texas Open Meetings Act ("TOMA") [Tex. Govt. Code sec. 551.001(3)] does not infringe on the First Amendment rights of elected officials by requiring them to conduct government meetings in public.

In a 37-page decision denying the plaintiffs' request for declaratory judgment, the federal court held that governmental entities "have no First Amendment right to conduct public business behind closed doors." To the contrary, the court wrote, "free discussion is suppressed when city council members close their meetings to the public."

In a long-waged battle (see "TUOL" posts 2/4/10 and 12/15/09), Texas officials condemned TOMA as constitutionally vague and voiced concern they could face fines and jail for violating its provisions. The court said the statute is content neutral in that it does not inhibit speech based on subject matter or substance, and legitimately serves the government's interests of fostering transparency in the government's decision-making process, shines a light on corruption and fraud and promotes trust in government.

The plaintiffs' plan to appeal the adverse ruling to the U.S. Circuit Court of Appeals for the Fifth Circuit, according to a report on the Website for the Reporters Committee for Freedom of the Press (www.rcfp.org.).