Sunday, June 10, 2001
Speaking to council is not a right
When it comes down to it, there are only 45 words that make the United States of America what it is.
Forty-five words that spell the difference between a democratic society and a place where some slob in a brass hat makes the rules for everybody.
They are found in the Bill of Rights, in the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Pretty clear, eh?
Now, this does not mean that on your next visit to our nation's capital, you can go to the Capitol, stride on to the Senate floor and deliver a speech on the topic of your choice.
Not unless you'd like to finish your sightseeing at the D.C. jail.
Don't try it at the Ohio statehouse either.
But if you have something you want to get off your chest, you can go to Cincinnati City Council chambers any Wednesday afternoon and feel free to mutter loudly while council members are speaking and get up on your hind legs and call people names while the cable TV cameras are rolling.
There has hardly been a council meeting in recent months where citizens usually the same citizens, week after week have not been escorted out of council chambers by the lone police officer there to monitor the meetings.
The boot, administered by Mayor Charlie Luken or one of the council committee chairs, usually comes after the citizen has disrupted the meeting in some way, or used racist, threatening language.
There is widespread agreement that council meetings have gotten out of hand.
There is widespread disagreement on what to do about it.
Council rules limit speakers to two minutes on an agenda item. If speakers want to talk on a nonagenda item, they have to wait until the end of the meeting.
Mr. Luken has been booting people out of council chamber regularly lately when they disrupt. Councilman Pat DeWine wants the rules to be even tighter and told the mayor in a memo to council last week.
But the mayor and council members are, by definition, political creatures, and, as aggravating as the disruptive speakers are, they are most reluctant to tell people who come to council meetings that they have no right to speak.
Even though they don't have a right to speak.
America is a representative democracy. We can try to influence our elected legislators in many ways write them letters, call them on the phone, give them campaign money, march outside their offices, circulate petitions.
But when a legislative body such as Congress or city council meets, it is working through an agenda. The whole history of legal opinions on the subject says that they are under no obligation to let nonmembers speak, uninvited, in their meetings.
But they do, because they are politicians and politicians have a hard time saying no.
Email hwilkinson@enquirer.com. Past columns at Enquirer.com/columns/wilkinson
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