BY HANNAH GOLDFINGER

HGOLDFINGER@OPELIKAOBSERVER.COM

LEE COUNTY —

Two years ago, the Lee County Commission removed citizens’ communications from its livestream video, public record and minutes.

“The Lee County Commission voted unanimously to change the agenda format and place citizens’ comments before the formal call to order of the county’s business meeting,” said Lee County Probate Judge Bill English in an interview with The Observer. “Some seem to think that our meetings are just an open political forum, but they are intended for the commission to conduct county business. That agenda change resulted in removal of citizens’ comments from the livestream and from the minutes of the meetings.

“The reason was because they almost always were coming from the same three or four guys who had a political agenda. At least three have been candidates for public office during that time. There were repetitive personal attacks on several members, and their comments were not contributing anything of substance to the meetings. As we’ve seen recently, one is determined to repeat the same subject at every meeting.”

Susan Bolt, Lee county resident and business owner, spoke up at the July 10, 2023, commission meeting to voice her displeasure with the situation.

“Tonight, I’m here to ask the Lee County Commission to reinstate the public comments in both the official meeting minutes and livestream,” she said. “I’m an engaged and concerned citizen of Lee County but I cannot attend all of the governmental meetings. … While not required by law, the continued absence of public comments from the recorded record gives the appearance that there’s something to hide.”

English confirmed that it is not required by law.

“Most of the citizens upset with their removal have been in the same circle of people who caused them to be removed in the first place,” he said. “There has been almost zero feedback from anybody about their absence, except from that small circle of objectors. We’ve heard a lot of talk about the First Amendment from them. The actual text of the 45 words of the First Amendment says: ‘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.’

“There is no more right to freedom of speech in a county commission meeting than there is in a session of the Alabama Legislature or the United States Congress. Nor is there any right or requirement that we livestream any portion of the meetings, nor include citizens’ comments in the minutes of the meetings. Those had been the practice for many years, until they were abused to the point that action needed to be taken.”

Another resident, Gary Smith, said he thinks it is “the crime of the century” to “eliminate public comments.”

However, public comments have not been removed — any citizen can still sign up to speak before the commission and are given three minutes to address whatever topic they so choose.

Micah Messer, another resident who spoke at that meeting, said that people sacrifice things like time and money to come to the meetings. 

“Citizen comments are a crucial part of a republic form of government,” Messer said.

In the same vein, Oscar Penn, a member of the Concerned Citizens of Lee County, expressed that because of his disabilities, he finds it difficult to attend meetings. But without attending, he can’t hear what other citizens say during citizens’ comments.

English said that he doesn’t see public comments being restored anytime soon.

“Those same three or four people have continued unabated,” he said. “Their continuance may result in more change, but probably not in the direction they seek. There has been some support for removing [citizens’ comments] altogether, or placing them after the motion to adjourn. If that happens, I will explain publicly that those dissatisfied with that result need to address their concerns to the individuals whose behavior created the situation.”