Pandemic redefines ‘public’ access to government meetings

It wasn’t long ago when a “public meeting” of the city council or state legislature meant the general public could show up to watch and, quite often, speak about proposals and perceived problems.

The coronavirus pandemic has put an end to that in many places, perhaps permanently altering the way the American public interacts with government.

A year after COVID-19 triggered government shutdowns and crowd limitations, more public bodies than ever are livestreaming their meetings for anyone to watch from a computer, television or smartphone. But in some cases, it’s become harder for people to actually talk with their elected officials.

An Associated Press survey of state legislatures found that most no longer allow people inside their chambers to observe, and some still do not allow people to testify remotely at committee hearings where legislation is shaped. At some city council meetings convened remotely, the only avenue for public input is a written comment.

“In a way, this is kind of helping move us toward a country where citizens can be more involved in their government through Zoom, and that’s a good thing,” said David Cuillier, an associate journalism professor at the University of Arizona who is president of the National Freedom of Information Coalition.

But overall, he said, the pandemic “has created more problems” for public oversight of government.

All 50 state legislatures provided video or audio of their floor sessions before the pandemic. The Missouri and North Carolina senates currently are the only chambers offering just audio, which can make it difficult for listeners to recognize the speakers.

As a result of the pandemic, all legislative chambers now also provide live audio or video feeds of at least some committee hearings. A growing number are archiving those files for people to access on demand, according to the National Conference of State Legislatures.

But the AP survey found that 13 legislative chambers in eight states — Alabama, Arkansas, Iowa, Indiana, Louisiana, Missouri, Nebraska and Ohio — still do not allow people outside the Capitol to testify remotely by phone or video during committee hearings. Most of those chambers let the public attend hearings in-person, but some people have been reluctant to do so because of COVID-19.

“I won’t send any person into that Capitol right now, no matter how important the issue is. It’s just not safe,” said Jen Bersdale, executive director of the nonprofit advocacy group Missouri Health Care for All, which scrapped its in-person lobbying day at the

Capitol.

Bersdale helped organize a letter from about three dozen organizations urging Missouri lawmakers to allow remote testimony at hearings and make themselves available for video or phone calls with people who do not want to enter the building.

The Republican-led Missouri Senate does not allow remote testimony. The GOP-led House adopted a rule this year leaving the decision to each committee. But approval must be granted at least one committee hearing in advance, which could be a full week based on typical schedules. So far, only a few of the four dozen House committees have used the option.

Democratic state Rep. Tracy McCreery said she fears the lack of remote testimony is “shutting down public voices.”

“It feels like it’s just legislators and lobbyists, and I really miss just talking to Missourians that aren’t getting paid to be in that building,” she said.