JEFFERSON CITY, Mo. – If a citizen or a journalist has the desire to film a public meeting, Missouri’s open records law, broadly, gives them the ability to do so.
The Missouri Sunshine Law states that, “A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting.” But at a number of hearings held by Senate committees, members of the public and representatives of advocacy organizations have been denied access to record.
Over the weekend, Chris Grant, a lawyer for the liberal group Progress Missouri, penned a letter to Senators Mike Kehoe, David Sater and Mike Parson – all of whom are committee chairmen – expressing concern over the apparent discrepancy.
“We believe the Sunshine Law is very clear,” Grant wrote, “that members of the public, including representatives of Progress Missouri, have the right to videotape committee meetings whether or not they are official members of the press.”
The letter came as government transparency advocacy groups celebrate the annual “Sunshine Week” this week, during which they tout the importance of open records laws.
Members of media outlets granted access by the Capitol Press Association often do not face the same hurdles applied to members of the public when they go to film committee hearings. Senate rules require anyone wanting to film to receive permission first, citing a provision in the Sunshine Law that allows public bodies to “establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting.”
The rule state that, “Persons with cameras, flash cameras, lights, or other paraphernalia may be allowed to use such devices at committee meetings with the permission of the Chairman as long as they do not prove disruptive to the decorum of the committee.”
Sometimes, committee chairman allow groups – like Progress Missouri, the Missouri Chamber of Commerce, or the conservative website Missouri Torch – to film and live stream their proceedings.
But other times, they do not.
A a meeting of the Senate Small Business, Insurance and Industry Committee last week, Parson interrupted a witness to say, “Everybody with cameras and everything, just put them up. Put ‘em up. No cameras.”
Grant, in his letter to the lawmakers, said, “the fact that people are allowed to record and photograph some committee meetings but not others, without reason, shows arbitrary enforcement.”
The group said the hoped to work to find agreement with the Senate, but threatened legal action if the situation is not resolved.
None of the senators responded to an emailed request for comment on Tuesday.