Two gun-rights groups are determining their next steps after the Michigan Court of Appeals rejected their argument that legislative committees violated the state’s open meetings law while considering firearm restrictions.
The challenge filed by Michigan Open Carry and Great Lakes Gun Rights relates to 2023 House and Senate hearings the groups argue were tilted in favor of gun control advocates. The bills to require locked gun storage and expanding criminal background checks were adopted while the Legislature was controlled entirely by Democrats and signed by Governor Gretchen Whitmer.
The challenge claims the House and Senate judiciary committees violated a section of the open meetings law that requires an opportunity for members of the public to “address” a public body.
Attorney Tom Lambert said that means people have a right to be heard by legislators in a public setting and not be limited to written or emailed statements. He said the point is for decisionmakers and the public to hear the testimony.
“The overall issue here is the public’s access to their lawmakers, the ability to stand before them in an open meeting and provide their viewpoint,” he said. “What it is, is the right to address the meeting itself and so when you interpret the word ‘address’ you have to think of things that allow people to address the meeting.”
A Michigan Court of Claims judge did hold the Legislature should have promulgated rules on testifying in committee, but did not find anyone – including Lambert and another gun rights activist – were denied their right to be heard. The appeals court upheld that decision and held the relief called for by the gun rights groups would be too restrictive on public bodies.
“The sole issue before us in this case is whether the trial court erred by deciding that ‘the Legislature intended to allow the public’s right to address public bodies under the OMA to be satisfied through oral and written submissions,’” wrote Appeals Court Judge Mark Boonstra on behalf of a three-judge panel. “We conclude that it did not.”
Lambert said he disagreed with the decision and that the groups are not opposed to reasonable enforcement of open meeting rules.
“Things like limiting the time that a speaker can speak, which is completely fine,” he told Michigan Public Radio. “We’ve never said that speakers can speak forever. If there’s a lot of speakers that day and you say, okay, everybody gets one minute, then that can be reasonable.”
Spokespeople for the House (which is now controlled by Republicans) and the Senate did not respond to a request for comment.
Lambert said he is consulting with his clients on whether to file an appeal with the Michigan Supreme Court.
