Austin/ Politics & Govt
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Published on May 01, 2024
Austin Judge Strikes Down City's Two-Minute Rule for Public Comment as UnlawfulSource: Google Street View

In a decisive blow to City Hall, Travis County Judge Daniella Lyttle smacked down Austin's two-minute rule for public comment, declaring it in violation of the Texas Open Meetings Act and the city charter. According to the Austin Monitor, speakers gunning to have their say at City Council meetings are to be allotted three minutes per item, torpedoing the previous year's cap that lumped all items into a terse two-minute slot.

The ruling follows Judge Madeleine Connor's prior temporary restraining order from mid-April. The plaintiffs, punched by Save Our Springs Alliance and executive director Bill Bunch, argued the stifling rule chocked public discourse, a notion supported by testaments from former Council Member Laura Morrison. "No council member ran on the platform of ‘We’ll get it over quick and be home in time for dinner,’" noted Roy Waley, a frequent council commentator, in an earnest pitch recalled by the Austin Monitor.

Battling the tide, Assistant City Attorney Brandon Mickle pleaded that dragging council meetings late was an ineffective use of members' time, a stance shaking in the wake of Judge Lyttle's order. Meanwhile, City Council candidates like Monica Guzmán, also an organizer with Go Austin/Vamos Austin, felt pinched by the two-minute limit, claiming it muffled her ability to cover a breadth of issues—especially those touching the pulse of East Austin residents.

After digesting arguments and witness narratives, Judge Lyttle ruled the status quo be maintained with the temporary restraining order, deflating Mickle's counterpoints. The city charter, as it stands, requires an ordinance to regulate public speaking rules, not merely a resolution—the latter being the faulty gun the city brandished. The courtroom, momentarily an agora for civic jurisprudence, dispensed a verdict with eyes on July 1 for the final hearing, as both parties agreed on post-extension, the Austin Monitor reported.

The saga turns the council chamber back into an open forum where longer speaker slots may trip into nightfall, yet in the name of the engaged civic spirit Austin touts. As the City scrambles to draft an ordinance in alignment with state law and the city's heartbeat, Austin's open meetings law looks to the horizon, undoubtedly with more rounds in the chamber before the final gavel clangs.