‘I will sue you’: Austin City Council public comment rules in limbo after judge ruling
AUSTIN (KXAN) — If you’ve been to an Austin City Council meeting, chances are you know who Bill Bunch is. He’s one of the more regular speakers at City Hall and the executive director of the Save Our Springs (SOS) alliance.
During a city council meeting a couple of weeks ago — where the body was considering a city manager contract, among other items — Bunch used roughly half of his allotted two minutes to argue he should be given more time to speak during public comment. He then threatened to sue and followed through.
Judge Madeleine Connor — who KXAN has also previously reported on — ruled in favor of Bunch Wednesday in issuing a temporary restraining order (TRO). Another hearing is scheduled for later this month.
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“We believe we have complied with the Texas Open Meetings Act. However, we respect the court’s decision and will abide by the Judge’s ruling. We look forward to the April 25 hearing on this issue where we will have an opportunity to discuss the full merits of the case,” a spokesperson for the City of Austin said.
The two-week TRO required Austin City Council to give each speaker at Thursday’s April 18 meeting at least three minutes to speak “on each item for which the speaker has properly registered to speak.”
There were 51 items on the consent agenda Thursday. If someone signed up to speak even on just the consent agenda items, they would have 153 minutes — nearly three hours — to speak before the council. There are 80 items total on the agenda.
As it’s worked previously, speakers signed up to speak on consent agenda items — as Bunch was — were given two minutes regardless of the number of items they signed up to speak on.
“I am signed up for four items and I want two minutes on each of those four items,” Bunch said in a council meeting on April 4. “Under the law, that you understand, is what is required.”
Mayor: Please go ahead.
Bunch: Do I get my 8 minutes?
Mayor: No, sir.
Bunch: I get two minutes for my four items?
Mayor: And you’re down to 1:01.
Bunch: Okay. And I will sue you in court. Promptly. And we will have this foolishness put to an end.
Mayor: 51 [seconds]
“Every resident deserves the opportunity to address the council on matters that affect our community. We are pleased with the Court’s acknowledgment that Austin taxpayers make an investment in democracy, and they deserve to be heard,” Bunch said.
Documents from the Texas Attorney General show state law did not require public testimony until Texas Government Code section 551.007 was enacted in 2019, though many local governments offered that option.
“Current First Amendment precedent would allow rules that restrict speakers to the subject of the meeting, impose time limits on speakers, and prevent disruptions of the meeting,” Assistant Attorney General William Hill wrote.
Hill continued: “Three minutes is a common limitation, but whether a time limitation is reasonable may depend on the particular circumstances.”
The TRO also halts progress on items 6 and 43 from the April 4 agenda without the city reposting and allowing for public comment once again (with the same rules as above).
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The latter of those items set a public hearing for zoning changes at the South Central Waterfront district. The other is a “contract for professional services for the Southwest Pressure Zones Pump Station/Reservoir Study project with HDR Engineering, Inc.”
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