01-09-25 - Charter Commission Agenda Packet.docx

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MEMO To: Charter Commission From: Caroline Dahl, Chair Topic: Open Mic Date: January9, 2025 The updated 2024 Rules of Decorum. It clearly states " "Addressing the Council. At the start of each City Council meeting, in accordance with the City of Lino Lakes Charter, the City Council shall accept comments from the public on any matter, whether on the agenda or not." After some research, it appears that this could cause the city to face constitutional challenges primarily under the First Amendment. The Supreme Court has established a 3-prong test for time, place and manner restrictions, which includes: Content Neutrality: The regulation must not be based on the content of the speech. Narrow Tailoring: It must be narrowly tailored to serve a significant governmental interest. Alternative Channels: It must leave open ample alternative channels for communication. Residency requirements often fail this test because they: • Discriminate based on speaker identity: This can be seen as speaker discrimination, which the Supreme Court has ruled offends the First Amendment. • Lack compelling interest: While states ae an interest in regulating elections, residency requirements for public speaking do not directly serve this interest and may be seen as an unconstitutional burden on political speech. • Restrict access to audience: Limiting public speaking to residents can thwart access to the intended audience, potentially violating the First Amendment by not providing alternative channels for communication. • Cause Administrative Burden: Requires verification of residency, adding administrative tasks for the city. • Potential for Bias: May lead to decisions that favor residents over non-residents, potentially causing inequity. While all of the above may be true, the argument for installing residency requirements for public speaking could be as follows: • Community Engagement: Residency requirements ensure that speakers are familiar with local issues, fostering a sense of community and encouraging officials to more engaged with local events. • Accountability: Residents have a vested interest in the community, making officials more accountable to those they represent • Local Representation: It promotes decisions that benefit local residents, ensuring that elected officials have a stake in the community's well-being.