A. Who may attend?

The Alabama Open Meetings Act grants the right to attend meetings covered by the Act to the public generally. Ala. Code § 36-25A-1(a) ("It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings[.]"). The Alabama Open Meetings Act defines the "public" portion of a meeting as that “which has not been closed for executive session,” “for which prior notice was given,” and “which is conducted so that constituents of the governmental body, members of the media, persons interested in the activities of the governmental body, and citizens of this state could, if they desired, attend and observe.” Ala. Code § 36-25A-2(7).

Alaska's Open Meetings Act (OMA) (AS 44.62.310-.312) protects the right of any member of the public to attend public meetings. AS 44.62.310(a).

Out-of-jurisdiction meetings.  By requiring that meetings be open to the public, the law impliedly requires that they be held within the area in which the body has jurisdiction. See May 11, 1981, Attorney General Opinion, supra, at 5. Nevertheless, when necessary to its business, a board or commission (or subcommittee) and its staff can make duly noticed field trips outside the board's geographic jurisdiction. In doing so, however, the body must limit its activities to those for which the field trip was required, and it cannot act on other matters that could have been acted upon at its usual place of business at a public meeting. Id.

“All persons so desiring shall be permitted to attend and listen to the deliberations and proceedings” of any public meeting.  A.R.S. § 38-431.01(A).  The Open Meetings Law (“OML”), however, does not provide for active public participation in the meeting.  Ariz. Att’y Gen. Op. Nos. I84-133, I83-049.

Meetings may not be conducted in a language (e.g., Navajo) if its use prevents the public from understanding the business of the meeting.  Ariz. Att’y Gen. Op. No. I84-133.

Because the FOIA provides that meetings “shall be public,” Ark. Code Ann. § 25-19-106(a), it appears that anyone may attend, including representatives of the news media. However, only an Arkansas citizen may bring an action under the FOIA claiming a violation of the act. Ark. Code Ann. § 25-19-107(a). See Ark. Op. Att’y Gen. No. 97-016.

All persons are permitted to attend any meeting of a state body or legislative body of a local agency, subject to the specific exceptions set forth in the Bagley-Keene Open Meeting Act, Government Code Sections 11120-11132 (governing state bodies) and the Ralph M. Brown Act, Government Code Sections 54950-54963 (governing legislative bodies of local agencies).

Attendance cannot be conditioned on registering, completing a questionnaire, signing an attendance list, or providing other information. Cal. Gov't Code §§ 11124 (Bagley-Keene Act), 54953.3 (Brown Act). If such a list or questionnaire is posted near the entrance or circulated during the meeting, it must state that completion is voluntary and that all persons may attend regardless of whether they complete the document. Cal. Gov't Code §§ 11124 (Bagley-Keene Act), 54953.3 (Brown Act).

1. Although who constitutes the "public" is not defined in the statute, it has been expressly held to allow the attendance of "citizens," see Littleton Educ. Ass'n v. Arapahoe Cty. School Dist. No.  6, 191 Colo. 411, 553 P.2d 793 (1976) (local agencies); Cole v. State, 673 P.2d 345 (Colo. 1983) (state agencies); and, by implication, to the media. See Gosliner v. Denver Election Comm'n, 191 Colo. 328, 552 P.2d 1010 (1976); Glenwood Post v. City of Glenwood Springs, 731 P.2d 761 (Colo. App. 1988). See also Bagby v. School Dist. No. 1, 186 Colo. 428, 528 P.2d 1299 (1974) (expressly holding that informal conferences of school boards must be open to the public and to the news media).

2. Even though reporters from the media are allowed access to attend meetings, this does not mean that the media have a right to broadcast public meetings where a potential for disruption of the meeting exists. Combined Commc'ns Corp. v. Finesilver, 672 F.2d 818 (10th Cir. 1982).

FOIA states that “[t]he meetings of all public agencies, except executive sessions as defined in subdivision (6) of section 1-200, shall be open to the public.” Conn. Gen. Stat. §1-225(a). FOIA also provides: “[n]o member of the public shall be required, as a condition to attendance at a meeting of [a public agency], to register the member’s name, or furnish other information, or complete a questionnaire or otherwise fulfill any condition precedent to the member’s attendance.” Conn. Gen. Stat. §1-225(e).

Any citizen of Delaware, subject to certain exceptions, may attend a “meeting.” 29 Del. C. § 10001; see also Del. Op. Att’y Gen., No. 96-ib01 (Jan. 2, 1996). A “meeting” is defined as a “formal or informal gathering of a quorum of the members of any public body for the purpose of discussing or taking action on public business.” 29 Del. C. § 10002(j); see also id. § 10002(k) (defining “public body”); id. § 10002(m) (defining “public business”). As a general matter, meetings must be held within the geographic jurisdiction of the public body. Id. § 10004(g).

There are two relevant statutes regulating open meetings of public bodies in the District of Columbia:

The District of Columbia "Sunshine Act," D.C. Code Ann. § 1-207.42, was enacted in 1973.

The Open Meetings Act, D.C. Code Ann. § 2-571 et seq. was signed into law in January 2011. It does not replace the Sunshine Act, as it makes clear in D.C. Code Ann. § 2-579(a)(2) (“Nothing in this subchapter shall . . . [r]estrict the private right of action citizens have under § 1-207.42.”).

Both statutes provide access to meetings to “the public.” D.C. Code Ann. §§ 1-207.42(a), 2-575(a).

The Florida law opens government meetings to the public, with no restrictions on who may attend.  Under the Sunshine Law, a meeting is either fully open or fully closed; there are no intermediate categories.  Zorc v. City of Vero Beach, 722 So. 2d 891, 901 (Fla. 4th DCA 1998).

While there are no restrictions on who may attend open meetings, there is no public right to speak at the meetings.  Herrin v. City of Deltona, 121 So. 3d 1094 (Fla. 5th DCA 2013) (“[T]he statute does not mention the right to be heard or participate.  The phrase ‘open to the public’ most reasonably means that meetings must be properly noticed and reasonably accessible to the public, not that the public has the right to be heard at such meetings.”); Keesler v. Cmty. Mar. Park Assocs., 32 So. 3d 659 (Fla. 1st DCA 2010).

Any member of the public. O.C.G.A. § 50-14-1(b)(1).

"[A]ll persons" may attend, but any person "who willfully disrupts a meeting to prevent and compromise the conduct of the meeting" may be removed. Haw. Rev. Stat. § 92-3.

In Idaho, meetings of a governing body of a public agency are open to the public unless closure of such meetings is expressly permitted under the Open Meeting Law. Idaho Code § 74-203(1). The meetings are expressly “open to the public and all persons shall be permitted to attend any meeting.” Idaho Code § 74-203(1). Although “public” and “persons” are not defined terms under the Law, there is nothing in the law to suggest that any distinction is to be made between different members of the public, whether they are citizens, residents, journalists or otherwise.

Any person may attend a public meeting; the Illinois Open Meetings Act, 5 ILCS 120/1 to 6, makes no distinction between members of the news media and members of the general public.

Members of the public may attend public meetings. Ind. Code § 5-14-1.5-3(a). At the heart of the Open Door Law is the requirement that meetings of “the governing bodies of public agencies” must be open to allow members of the public to “observe and record them.” Id. This does not mean that the law guarantees a citizen the right to speak; rather, it guarantees public access to the meetings.

All members of the public. Iowa Code § 21.2(3).

Any person. K.S.A. 75-4318(a).

Under Kentucky’s Open Meetings Act, any person may attend the meeting of a public agency: “All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times…." Ky. Rev. Stat. 61.810(1).

The public agency may not impose any conditions on attendance, and may not prohibit media coverage:

No condition other than those required for the maintenance of order shall apply to the attendance of any member of the public at any meeting of a public agency. No person can be required to identify himself in order to attend any such meeting. All agencies shall provide meeting room conditions which insofar as is feasible allow effective public observation of the public meetings. All agencies shall permit news media coverage, including but not limited to recording and broadcasting.

Ky. Rev. Stat. 61.840.

A city may not, for example, require people attending a public meeting to identify whether they are residents of the city. 98-OMD-44. See also 92-146 ("As a general rule a public meeting of a public body is either opened to everyone under the Open Meetings Act or closed to everyone under a statutorily recognized exception to the Open Meetings Act. There is no principle of selective admission set forth in the Open Meetings Act").

Although anyone may attend a public meeting, the Act does not guarantee a person the right to address the public agency during the meeting. See 95-OMD-99; see also 94-OMD-87 (city doesn't violate Act by not providing room for everyone at a particular meeting when the facility normally accommodates all those wishing to attend).

Meetings of a public body required to be open shall be open to "the public." La. Rev. Stat. Ann. § 42:14(A).

Any person “must be permitted to attend a public proceeding” in Maine. 1 M.R.S.A. § 403(1).

The general public is entitled to attend an open session meeting of a public body. § 3-303(a).

The public body, however, may adopt "reasonable" rules concerning the conduct of those attending the meeting. § 3-303(b). Such rules may address the videotaping, televising, photographing, broadcasting, or recording of its meetings. Id.

The Open Meeting Law provides that “all meetings of a public body,” except for certain “executive sessions” pursuant to G.L. c. 30A, § 21, “shall be open to the public.” G.L. c. 30A, § 20(a) (emphasis added).  The statute does not define “public.”  G.L. c. 30A, § 18. A previous provision of the law, which has since been repealed, stated that "[a]ny person" may attend such meetings. G.L. c. 39, § 23B.

The OMA provides generally that "all persons" may attend "all meetings of a public body," except as otherwise provided. Mich. Comp. Laws Ann. § 15.263(1). A person cannot be required as a condition of attendance "to register or otherwise provide his name or other information or otherwise to fulfill a condition precedent to attendances. Id. § 15.263(4). The OMA also provides for attendees to address public meetings "under rules established and recorded by the public body." Id. § 15.263(5); see also Lysogorski v. Charter Twp. of Bridgeport, 256 Mich. App. 297, 662 N.W.2d 108 (2003) (under the OMA, public bodies have the authority to establish and enforce rules regarding public comment); 1977-78 Op. Att'y Gen. 536 (1978) (the right to address a meeting of a school board may not be limited to persons who are residents of or members of the educational community of a school district). One cannot be excluded from public meetings "except for a breach of the peace actually committed at the meeting." Mich. Comp. Laws Ann. § 15.263(6). The public body is under a duty to exercise sincere efforts to accommodate the number of people who may reasonably be expected to attend a meeting. 1977-78 Op. Att'y Gen. 21, 33 (1977); 1979-80 Op. Att'y Gen. 519, 521 (1979).

Under Minnesota's Open Meeting Law, meetings required by the statute to be open “must be open to the public." Minn. Stat. § 13D.01, subd. 1.

Meetings are open to "the public." § 25-41-5(1).

Any member of the public may attend public meetings under the Sunshine Law. Access is not limited to United States, Missouri, or community citizens. State ex rel. Board of Public Utilities of City of Springfield v. Crow, 592 S.W.2d 285, 289 (Mo.Ct.App. 1979) (the Sunshine Law confers rights on the general public and not upon any particular segment or representative of the general public).

Article II, § 9 of the Montana Constitution guarantees any person the right to observe the deliberations of public bodies and agencies in Montana. "Person" includes citizen, alien, resident, nonresident, media person, or member of the public. Krakauer v. Commissioner of Higher Education, 381 P.3d 524 (2016).

"The public" has a right to attend all or any part of a meeting of a "public body," except closed sessions as defined by statute. Neb. Rev. Stat. §84-1412. There is no statutory or court definition of "the public," but the phrase does include "the media." Grein v. Board of Education, 216 Neb. 158, 163, 343 N.W.2d 718, 722 (1984).

Nevada's Open Meeting Law (“OML”) states: "all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies." NRS 241.020(1).

RSA 91-A:2,II states: “Subject to the provisions of RSA 91-A:3, all meetings, whether held in person, by means of telephone or electronic communication, or in any other manner, shall be open to the public.” RSA 91-A:3 provides for “nonpublic sessions.”

Any member of the public has the right to be present at all meetings of public bodies. N.J.S.A. 10:4-7.

Any interested person.  NMSA 1978 § 10-15-1(A); Gutierrez v. City of Albuquerque, 1981-NMSC-061, 631 P.2d 304 (1981); N.M. Att'y Gen. Op. 1973-10.

The “general public” may attend meetings, other than executive sessions or meetings specifically exempted under the law. N.Y. Pub. Off. Law § 103(a) (McKinney 1988).

General accommodation requirements. As of 2010, public bodies are required to make reasonable efforts to hold meetings in rooms that can “adequately accommodate” members of the public who wish to attend.  In the event of a contentious issue on the agenda and indications of substantial public interest, numerous letters to the editor, phone calls or emails regarding the topic, or perhaps a petition asking officials to take action, the new provision would require the public body to consider the number of people who might attend the meeting and take appropriate action to hold the meeting at a location that would accommodate those interested in attending, such as a school facility, a fire hall or other site.  N.Y. Pub. Off. Law § 103(d) (McKinney 2010). Case law prior to this amendment paralleled this rule. See Windsor Owners Corp. v. City Council of N.Y.C., 23 Misc.3d 490, 878 N.Y.S.2d 545 (Sup. Ct. 2009) (no violation; although the meeting room was small, the council provided additional seating and closed circuit television, and gave everyone who signed up to testify time to be heard); Brander v. Town of Warren Town Bd., 18 Misc.3d 477, 847 N.Y.S.2d 450 (Sup. Ct. 2007) (where the facility is only able to seat a small number of people, and the general public must leave the building when an executive session is called, the facility was a factor in voiding the decision).

Access for people with disabilities. Public bodies shall make reasonable efforts to ensure that meetings are held in facilities that permit barrier-free physical access to the physically handicapped. N.Y. Pub Off. Law § 103(b) (McKinney 1988); Smith v. Town of Warwick, 169 A.D.2d 976 (3d Dep’t 1991); Clark v. Lyon, 147 A.D.2d 838 (3d Dep’t 1989); Fenton v. Randolph, 92 Misc.2d 514, 400 N.Y.S.2d 987 (Sup. Ct. 1977).

Screening of attendees. Those attending meetings may not be unreasonably searched. Goetschius v. Board of Education, N.Y.L.J., March 10, 1999, Sup. Ct., Westchester Cty., 1999 (School board employed multiple “security” measures-including bomb-sniffing dogs, video cameras trained on audience, and metal detectors-and began meeting before members of public had been permitted entry; held to violate attendees’ Fourth Amendment rights and OML).

North Carolina General Statute Section 143-318.9 provides that public bodies “exist solely to conduct the people’s business” and should conduct their business openly. Therefore, anyone is entitled to attend an open session of a public body.

The law contains no restrictions on who may attend public meetings. However, the attorney general has expressed doubt that a non-resident could invoke the open meetings law against a state agency. See Guy and McDonald, Government in the Sunshine: The Status of Open Meetings and Open Records Laws in North Dakota, 53 N.D. L. Rev. 51, 66 (1976).

Any person may attend. Ohio Rev. Code § 121.22(C).

Any person may attend meetings of a public body. 25 O.S. § 303.

Under ORS 192.620 and 192.630, the stated policy of the State of Oregon is that decisions of public governing bodies operating in the state  are arrived at openly. This means that all meetings of public governing bodies shall be open to the public and all persons shall be permitted to attend any meeting, except as otherwise provided by ORS 192.610-192.690. Thus, these statutes draw no distinctions between the media and other members of the public regarding attendance at public meetings, except for executive sessions, discussed infra. Oregon law makes no requirement that one be a citizen, taxpayer, resident or voter to attend a public meeting.

The Sunshine Act provides that covered meetings must be open to the “public.” 65 Pa. C.S.A. § 704. It also allows “any person” to “has the right to raise an objection at any time to a perceived violation.” 65 Pa. C.S.A. § 710.1(c). On the other hand, the declaration of intent speaks in terms of the right of the Commonwealth’s “citizens” to attend meetings. 65 Pa. C.S.A. § 702(b).

Any member of the public may attend an open meeting. R.I. Gen. Laws § 42-46-3. However, the OML expressly allows the removal of any person who willfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised. R.I. Gen. Laws § 42-46-5(d).

The Attorney General has determined that if a meeting place is unexpectedly filled to capacity and it is not possible to accommodate registered voters and the general public in one room, officials may segregate non-voters from all others and request that non-voters assemble in a convenient place, in close proximity to the meeting, as long as they are provided with some type of communication device which allows the proceedings to be heard. See Op. Att’y Gen., July 3, 1991. However, in a 1999 opinion to the Town of West Warwick, the Attorney General stated that even if an event is filled to capacity due to a large amount of non-West Warwick residents, the Town could not first offer access to West Warwick residents and then offer seating to non-West Warwick residents on a first-come, first-serve basis as the Act does not restrict attendance at meetings of public bodies to residents of a particular city or town. See Op. Att’y Gen., March 11, 1999.

Meetings are open to the public, including the news media. No citizenship or residency requirement is established. S.C. Code Ann. § 30-4-60.

The "public" may attend. (SDCL §1-25-1)

Any person may attend any open meeting that any governing body conducts. See T.C.A. § 8-44-102(a) (meetings open to "the public").

The Texas Open Meetings Act ("the Act") (Tex. Gov't Code. Tex. Gov’t Code § 551.001 et seq., formerly Tex. Rev. Civ. Stat. Ann. art. 6252-17 (Vernon 2004 & Supp. 2005)) does not specifically address who may attend open meetings. However, Section 551.142(a) provides that "[a]n interested person, including a member of the news media" may file suit to enforce the Act. See San Antonio v. Fourth Court of Appeals, 820 S.W.2d 762, 765 (Tex. 1991) (the "intended beneficiaries of the Act" are "members of the interested public"). "The majority of courts addressing the 'interested person' requirement have adopted an extremely broad interpretation regarding who constitutes an 'interested person.'" Matagorda Cty Hosp. Dist. v. City of Palacios, 47 S.W.3d 96, 102 (Tex. App.—Corpus Christi 2001, no pet.); Save Our Springs All. Inc. v. Lowry, 934 S.W.2d 161, 163 (Tex. App.—Austin 1996, no writ) (per curiam) (standing under the Texas Open Meetings Act is broader than under the common law). Additionally, the 2019 legislature added section 551.007 to specifically allow the public the right to address the governing body during an open meeting before or during the body’s consideration of the item. The governing body can adapt reasonable rules for this, but may not prohibit public criticism beyond what is already prohibited by law. Tex. Gov’t Code § 551.007.

In Cameron Cty. Good Gov't League v. Ramon, 619 S.W.2d 224, 230 (Tex. App.—Beaumont 1981, writ ref'd n.r.e.), the plaintiffs consisted of a county good government league and two private citizens, all of whom were found to be within the statutory language of "interested persons" who had authority to commence a legal proceeding. The court wrote that "[i]t is difficult to see how the Legislature could broaden the class of 'any interested person.'" See also City of Fort Worth v. Groves, 746 S.W.2d 907, 913 (Tex. App.—Fort Worth 1988, no writ) (finding that "affected taxpayer and citizen" had standing under the Open Meetings Act). This is consistent with the Act's intent, which is to "safeguard the public's interest in knowing the workings of its governmental bodies." Cox Enter. Inc. v. Board of Trustees of Austin Indep. Sch. Dist., 706 S.W.2d 956, 960 (Tex. 1986); see also Acker v. Texas Water Comm'n, 790 S.W.2d 299, 300 (Tex. 1990) ("The explicit command of the statute is for openness at every stage of the deliberations."); Finlan v. City of Dallas, 888 F. Supp. 779, 783 (N.D. Tex. 1995) ("Thus, the public policy embodied in the [Act] is that, absent compelling reasons to the contrary, the public business should be conducted in public.").

 

In Utah, any person may attend an open government meeting. See Utah Code § 52-4-303(3).

The Vermont Open Meeting Law, 1 V.S.A. §§ 310-314, is silent as to its specific beneficiaries. Because the law is premised on art. 6 of the Vermont Constitution, however, it applies to all “the people” of the state, including corporations. See Valley Realty & Dev. Inc. v. Town of Hartford, 165 Vt. 463, 685 A.2d 292 (1996); Cent. Vt. Pub. Service Corp. v. Town of Springfield, 135 Vt. 436, 379 A.2d 677 (1977). The law itself echoes that broad principle: “All meetings of a public body are declared to be open to the public at all times, except as provided in Section 313 [executive sessions].” 1 V.S.A. § 312(a).

All meetings shall be open to the public as provided in Va. Code Ann. § 2.2-3707.A., unless the topic of discussion at such meetings falls within one of the enumerated exemptions in Va. Code Ann.   § 2.2-3711.A. [listing grounds for closed meetings) or Va. Code Ann. § 2.2-3707.01 (concerning meetings of the General Assembly and its committees).  No closed meeting shall be held unless the public body proposing to convene such meeting has followed the procedures for closing a meeting. Va. Code Ann. § 2.2-3712.

“[A]ll persons” are generally permitted to attend any meeting of the governing body of a public agency. RCW 42.30.030. In the event that there is a disturbance and individuals are removed for disrupting the meeting, “[r]epresentatives of the press or other news media, except those participating in the disturbance,” will be allowed to remain in attendance. RCW 42.30.050. No one can be required, as a condition of attendance at a public meeting, to register his name or other information, to complete a questionnaire, or otherwise fulfill any condition precedent to attendance. RCW 42.30.040. Though a governing body may set reasonable rules of conduct so the meetings can be conducted in an orderly fashion, access cannot be limited and cameras and tape recorders cannot be prohibited unless they are actually disruptive. RCW 42.30.050; Op. Atty. Gen. 1998, No. 15.

Any member of the public may attend a meeting subject to the Open Meetings Act.

An “open session” of a public body “means a meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times.” Wis. Stat. § 19.82(3). The open meetings law may be enforced upon “the verified complaint of any person.” Wis. Stat. § 19.97(1).

The Public Meeting Law generally requires that meetings of "governing bodies" be open to "the public." Wyo. Stat. § 16-4-403(a) (1977, Rev. 1995); E.G. Rudolph, Wyoming Local Government Law, § 3.1, at 103 (1985). A person or group of persons who willfully disrupt a meeting to the point orderly conduct of the meeting is unfeasible can be removed, or the meeting can be moved. Wyo. Stat. § 16-4-406 (1977, Rev. 1982). The governing body shall establish procedures for readmitting "individuals not responsible for disturbing the conduct of a meeting." Id. Section 16-4-406 also states that "duly accredited members of the press or other news media except those who participated in a disturbance shall be allowed to attend any meeting permitted by this section." Id. "Duly accredited press member" is not defined. Finally, the statute states that all meetings of the governing body of an agency are open to the public at all times, "except where otherwise provided." Wyo. Stat. § 16-4-403(a) (1977, Rev. 1995). Accordingly, one must check the by-laws, rules and regulations of a particular governing body to ensure access to meetings.