Activist group sues Missouri Senate over right to film

JEFFERSON CITY, Mo. – Citing repeated, successful attempts to block them from filming hearings of Missouri Senate Committees, a liberal advocacy group on Wednesday filed a lawsuit here against a number of senators and their committees claiming they have violated Missouri’s open records laws.

The lawsuit, filed by Progress Missouri, accuses two committees – the Senate’s Commerce, Consumer Protection, Energy and the Environment Committee and their Seniors, Families and Children Committee – their chairmen, Sens. Mike Kehoe and David Sater, and the Missouri Senate itself, of violating the Missouri Sunshine Law’s provision allowing people to film public meetings.

The lawsuit claims that staff members from Progress Missouri hoping to film were turned away by the committees. They were told only members of the Missouri Capitol News Association, of which this outlet and other news organizations covering the capitol are members, were allowed to film in Senate committees, and that Progress Missouri could be given access to video footage of entire committees filmed by the Missouri Senate Communications office (they were not).

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, 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.”

Their rule states 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.”

Marga Hoelscher, the Senate administrator, said in an email earlier this month that committee chairmen are “tasked with limiting disruptions and distractions during Committee hearings,” including filming. “Any changes to the Committee filming process must ensure that the experience of those in attendance is not hindered in any way,” she said at the time.

Hoelscher said the Senate is reviewing “the resources needed to enhance audio and video coverage of committee hearings to ensure that coverage is available when requested by Committee Chairs.”

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