Judge won’t toss suit over Palm Beach County comment times

Larson

Larson

Plaintiffs may proceed to trial with a suit over whether public meetings laws are usurped when the Palm Beach County Commission gives citizens a total of three minutes to comment on a laundry list of agenda items, a Palm Beach County judge ruled Friday.

Circuit Judge Lisa Small refused a county motion to toss the suit filed Feb. 17 by Alex Larson and Fane Lozman, two regulars at county commission meetings, who demanded the county either stop using a “consent agenda” or not limit speakers during that discussion. They say it violates Florida’s Government in the Sunshine Law.

County Attorney Denise Nieman (center) speaks with County Commissioner Hal Valeche during a meeting of the Palm Beach County Board of County Commissioners Tuesday, January 27, 2015. Commissioners voted unanimously to ask Uber to stop operating in the county unless the company follows the current county law regulating taxis and limousines. (Bruce R. Bennett / The Palm Beach Post)

Nieman

Members of the public get three minutes to comment on a single regular agenda item. But they get three minutes total to comment on the “consent agenda,” a collection of items, mostly housekeeping in nature, that commissioners dispose of with a single vote, unless a commissioner pulls an item for further discussion.

“We’re going to win,” Larson, whose birthday was Friday, said after the hearing. County Attorney Denise Nieman, who did not argue the case but attended, said she was disappointed, “but we understand and we respect the judge’s order and we’ll move forward.”

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