- April 23, 2024
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The Volusia County Council decided to unanimously table a resolution that if passed, would have prevented the public from presenting signs and banners inside the council chambers during a meeting, an action some residents believed infringed on their First Amendment rights.
The resolution stated that this was to avoid obstruction of an audience member's view of the meeting as well as to reduce disruption. If it had been passed, it would have also prohibited audience members from issuing unauthorized remarks including yelling and outbursts, as well as prohibit obscene language, "fighting words," or the encouragement of meeting disruptions. The county chair would have been responsible in determining whether one of these regulations had been broken.
Councilwoman Barb Girtman made the motion to table the item, in light of earlier public comments — delivered via video to the council's livestream — as well as comments she had received leading up to the Tuesday, April 21 meeting.
“I don’t know about others, but I received a lot of public comment and concern and I have some of my own," she said.
Councilwoman Deb Denys agreed with the motion, which was seconded by Councilwoman Billie Wheeler, adding that when the resolution is brought back to the council later when meetings return to their usual format, she would like to have a First Amendment attorney present to speak with the council. She also requested the council receive copies of resolutions passed by other existing government agencies regarding decorum.
“I think there’s a lot of existing legal protocol currently, so when we do discuss this, I’d like a broader approach," Denys said.
One of the citizens who spoke to the council via video earlier in the meeting was Brandy White, who was removed from the council meeting on March 17 for having a sign and refusing to put it away after County Council Chair Ed Kelley told her to. She said the resolution was a result of her numerous requests regarding the legal basis for her removal.
“We can just call this for what it is — this is the Brandy Bill," she said.
White said she found the timing distasteful, as the resolution was placed on the agenda for a meeting where public comment was restricted to virtual formats due to the coronavirus pandemic. It was "impersonable" to address them and the issue through a computer screen, White said.
County Councilman Ben Johnson said the council needed to look at the resolution. The council wishes to keep decorum without stepping on people's rights, he explained.
“You can’t have just runaway meetings, but we have to make sure that we do preserve the first amendment rights," Johnson said.
