The Constitutionality of the Open Meetings Law

The Constitutionality of the Open Meetings Law

“In many respects, the arguments in favor of the judicial power to hold the Wisconsin legislature to the terms of its own Open Meetings Law are even stronger than the situation before the Florida Supreme Court in the Locke case.  The Wisconsin Open Meetings Law expressly states that its terms apply to the Wisconsin legislature (the Florida law did not contain similar language).  The exercise of judicial review to enforce compliance with the Open Meetings Law is expressly granted to the circuit courts by the terms of the Open Meetings Law itself, so it is difficult to argue that by following this legislatively granted jurisdiction the courts are undermining legislative independence.  Finally, the text of the Wisconsin Open Meetings Law states that it must be interpreted against the backdrop of the express command in the Wisconsin State Constitution that the public is guaranteed access to the legislature when it is in session.”



Posted on

November 1, 2019