By Danielle Emerson
Staff Writer
Posted: April 3, 2013 3:38 PM

According to Judge William Collette, history was made that day in December 2012 when hundreds were locked out of the Capitol, effectively barring the public from being able to witness in the legislative proceedings that would send right-to-work legislation to Governor Rick Snyder.

In fact, he asked Assistant Attorney General Michelle Brya in court on Wednesday when, in the history of the Capitol had it ever been shut down. She said she could not answer the question, and so he answered it for her: Once – this disputed instance.

But Ms. Brya came back with an interesting point: The Legislature’s session was on television. Even the judge noted such was an interesting question: What constitutes “access” to a meeting with all the technology today? Whether or not this becomes a focal point as the lawsuit moves forward is certainly too soon to tell, and other factors remain that are relevant to the case at hand, so I’ll leave that to the lawyers.

But on that note: According to an Open Meetings Act handbook, “the right to attend a public meeting includes the right to tape-record, videotape, broadcast live on radio and telecast live on television the proceedings of a public body at the public meeting.” So the law allows for the use of technology, but how that technology equates to practical access – and by extension, possible violations of the Open Meetings Act – doesn’t seem clearly defined. But should it be? Does the simple notion that the proceedings were televised mean the rights of all those who were physically locked out of the capitol were not trampled on?

On the other hand, the fact remains that the Capitol was closed to the public – including protestors, supporters, and even the media – for part of that day. Whether that was for safety purposes or not depends on whom you ask, of course, and will no doubt be part of the lawsuit brought by the American Civil Liberties Union going forward. There is also the issue of the capacity levels of the Capitol building, which was also brought up in oral arguments.

But before everyone knew it, Judge Collette stopped the arguments and simply gave the case merit. The Department Attorney General will respond to the complaints filed by the ACLU and others on Monday, and the parties will have a scheduling conference April 11. Who takes what defense and how going forward remains to be seen…on your phone, your iPad, the newspaper, or in person.