UPDATE: Towns Can't Be Party in First Amendment Open Meetings Law Challenge

Image via Wikipedia

U.S. District Court for the Western District of Texas Judge Robert Junell ruled this week that four municipalities cannot be party to a lawsuit brought by elected officials challenging the Texas Open Meeting Law [Tex. Govt. Code Sec. 551.001(3)] on First Amendment grounds. (See "TUOL" posts 2/4/10,  12/15/09.)

The court held the issue underlying the lawsuit involves individual rights, so the towns of Alpine, Rockport, Wichita Falls and Pflugerville cannot be parties to the suit against Texas Atty. Gen. Greg Abbott. The Open Meeting Act bars a quorum of elected officials from discussing public issues in public or private and subjects violators to fines and possible jail time, except for seven instances in which the officials may meet in executive session  Fifteen elected officials claim the Act infringes on their First Amendment rights.

UPDATE: Texas AG Says Towns Lack 1st A Right to Contest Open Meetings Act

Image via Wikipedia

Texas Attorney General Greg Abbott has filed a 10-page motion in federal court in Pecos seeking to have four municipalities dropped as parties to a case challenging the constitutionality of the Texas Open Meetings Act ("TOMA")[Tex. Govt. Code Sec. 551.001(3)], See "TUOL" post 12/15/09 for details concerning the case.

Alpine, Rockport, Wichita Falls and Pflugerville, along with 15 town officials, alleged in their complaint that TOMA violated their First Amendment free speech rights by barring elected officials from discussing public issues in public or private. Violators face up to six months in prison and a $500 fine.

Abbott contends that the four municipalities are "creatures of the state," and, as such, can't assert constituional claims against Texas, and that only citizens possess First Amendment rights. No date has been set by the court to hear the motion as of yet.

Texas Open Meetings Law Under Attack By Pols and Burgs

Image via Wikipedia

The Texas Open Meetings Act ("TOMA") [Tex. Govt. Code Sec. 551.001(3)] unconstitutionally deprives public officials of their First Amendment right to free speech.

So claim 15 elected officials and four Texas towns who filed suit in U.S. District Court in Pecos this week, seeking to overturn the statute they claim prevents them from discussing public issues in public or private. 
TOMA forbids a quorum of a governmental body from deliberating in secret and punishes violators with a $500 fine and up to six months in jail.  The statute sets forth seven exceptions that permit officials to meet in executive session, including to discuss: lease or sale of real estate, security measures, receipt of gifts, attorney consultation, personnel matters, economic development, and certain homeland security issues.

Joining the 15 elected officials as plaintiffs in the suit are the Lone Star State cities of Big Lake, Alpine, Pflugerville and Rockport.  Plaintiffs argue that a quorum of a governmental body ought  to be able to use Email, Facebook and Twitter to communicate with each other outside of a posted meeting.

Looks as if some pols want to conduct the people's business a little too deep in the heart of Texas.