Phoenix Times Publishing Company v. Barrington School Committee

Ruling in an open meetings lawsuit brought by the Rhode Island ACLU and the Barrington Times, R.I. Superior Court Judge Brian Stern held yesterday that Barrington School Committee meeting agendas often violated the Open Meetings Act by “patently disregard[ing] the spirit and purpose” of the Act and “the public’s statutorily-protected right to be advised of the workings of its governmental bodies through appropriate notice.” Another portion of the ruling, which upheld the School Committee’s closure of a meeting in 2009 to discuss the merits of instituting a mandatory breathalyzer policy for all students attending school dances, also established significant limitations on what can constitute a valid basis for meeting with legal counsel in executive session.

R.I. Superior Court Judge Brian Stern today denied the Barrington School Committee’s motion to dismiss an open meetings lawsuit filed against it by the RI ACLU and the Barrington Times.

In papers filed today in Superior Court, the Rhode Island ACLU has labeled as “downright Orwellian” arguments being made by the Barrington School Committee in seeking to dismiss an open meetings lawsuit that The Barrington Times and the ACLU filed against the public body in August. The suit argues that the School Committee unlawfully met in closed session last year to discuss the merits of instituting a mandatory breathalyzer policy for students attending school dances. The suit further charges that school committee agendas, by using “vague boilerplate terminology,” routinely fail to specify the nature of the business to be discussed at meetings. The school committee has justified its secret meeting by citing the open meeting law’s “litigation” exemption, pointing to a letter that the ACLU had written two months before the meeting that raised policy concerns about breathalyzer tests of students.

The Rhode Island ACLU and The Barrington Times have today filed new claims in a pending lawsuit against the Barrington School Committee, alleging additional and repeated Open Meetings Act (OMA) violations.

In a case raising critical issues about the public’s right to know, The Barrington Times and the Rhode Island ACLU have today filed an Open Meetings Act (OMA) lawsuit against the Barrington School Committee for unlawfully meeting in closed session this past February to discuss the merits of instituting a mandatory breathalyzer policy for all students attending school dances. The school committee relied on the OMA’s “litigation” exemption to meet in private, but the lawsuit, filed by RI ACLU cooperating attorneys Howard Merten and Keith Fayan, notes that at the time of the executive session “there was no litigation pending or threatened” and “there was not even a specific policy in place that could have been challenged through litigation.”