Winter Garden's new media policy called into question

Some local law experts believe Winter Garden’s recently adopted media policy is a violation of the First Amendment.

The resolution sets rules for the way members of the press can obtain information and the manner in which they can ask questions. The resolution was adopted in February in response to an increase in behavior city leaders considered disruptive. 

At the February passing of the resolution, City Manager Jon C. Williams cited a lack of public decorum at recent meetings and complaints from the public about the media addressing the City Commission during public comment. 

The resolution includes several   points some communication law experts consider troublesome. Among those: Members of the media are prohibited from speaking during the Matters from Citizens portion of City Commission meetings and only can obtain information by first contacting a city-appointed public information officer.

Dr. Kimberly Voss, journalism program coordinator in the Nicholson School of Communication and Media at the University of Central Florida, said the resolution is troublesome.

“It is not typical for journalists to ask questions at the public comment portion of the meeting, yet there’s no reason that a journalist could not ask those questions,” she said. “Journalists have the same First Amendment rights as any citizen (who) would attend a meeting. 

“The inability to ask that question isn’t just about the journalist; it’s about all of the residents of that community,” she said. “The way this looks like it’s been enacted seems to violate the First Amendment. There’s way too many things here that go against the idea of asking questions and wanting your local government to be accountable; that’s the whole point.”

Barbara Peterson, executive director at the Florida Center for Government Accountability, worked on the provision in the Sunshine Law the commission references in the resolution, Florida Statute 286.0114(2), which requires the government to give citizens the opportunity to speak at public meetings.

“The fact that as the media, you’re not allowed to ask a question, you have to go through the PIO; that’s baloney,” Peterson said. “It’s important for everyone to remember that the media, the press is the only profession specifically protected in our constitution, and that’s for a very good reason. … The press is the citizens’ eyes and ears, and it’s critically important that we have an informed press.”

Winter Garden resident Sarah Wolfe relies on the media to keep her abreast of news in the community.

“The resolution stopping journalists from asking questions during this open session of the commission meeting is wrong,” she said. “I can’t keep on top of everything that goes on here. … So questions that are asked during this session are important to me.”

However, Bob Buchanan, a former Winter Garden city commissioner, said the city should stand firm.

“I ask that you not repeal it and that you stand strong as a commission,” he said. “It’s amazing that we were here (more than) 100 years, and we never needed any of these things, because nothing like this was ever questioned. But all of a sudden … they want to bring this ‘wokeness’ to Winter Garden that they’re trying to force on a lot of other places, and I hope, like I said, you guys will stand strong and not let it happen.”

City Attorney A. Kurt Ardaman said the city currently is in discussion with the First Amendment Foundation and considering changes to the resolution. 

In a prepared statement, Williams said the public-comment portion of the agenda is an opportunity for those with an interest in the city to share their thoughts.

“City Commission meetings are not an open public forum (like a public sidewalk), but are a limited public forum,” Williams said. “The public-comment portion of the meetings are not offered as a platform to address matters that are not city business. The guidelines for how comments and questions are presented are intended to maintain courteous and orderly meetings. The guidelines are also to allow all members of the public a nonthreatening forum to be heard.”

Williams said city management met with the FAF representatives Aug. 3.  

“It was a productive meeting, and the First Amendment Foundation stated that they would give the city more specific proposed revisions to the policy for addressing their concerns while also allowing the City Commission to maintain orderly meetings focused on city business,” he said. “The city is currently waiting to receive such proposed revisions for its consideration.”