Vermont Supreme Court shapes disorderly conduct standards for public meetings

The House Government Operations Committee convened on May 2, 2025, to discuss significant legislative changes regarding disorderly conduct at public meetings. The meeting focused on the implications of the Supreme Court of Vermont's ruling in the case of State v. Colby, which addressed the balance between First Amendment rights and the need for order during public assemblies.

The discussion began with a detailed overview of the Colby case, where a parent disrupted a commencement ceremony at an academy in St. Johnsbury. The Supreme Court ruled that the parent's conduct did not meet the threshold for disorderly conduct, emphasizing that disruptions must substantially impair the meeting's effectiveness to warrant legal action. This ruling highlighted the importance of protecting individuals' rights to free speech while also considering the rights of others to assemble peacefully.

Representative Harrison introduced a bill that aims to clarify the standards for disorderly conduct specifically in public meetings. The proposed legislation incorporates language from the Colby decision, stating that individuals can be cited for disorderly conduct if their actions intentionally or recklessly cause substantial impairment to the meeting's effectiveness. This distinction is crucial as it recognizes that public bodies must endure a certain level of disruption as part of the democratic process.

The committee also discussed the need for public bodies to establish clear rules regarding the removal of individuals from meetings. The proposed amendments to the open meeting law would grant public bodies the authority to adopt rules governing conduct and removal, ensuring that attendees are adequately informed about behaviors that could lead to removal and potential charges.

Overall, the meeting underscored the delicate balance between maintaining order in public meetings and upholding constitutional rights. The committee's discussions will inform future legislative actions aimed at enhancing the governance of public assemblies in Vermont. Further steps will be taken to refine the proposed legislation and ensure that it aligns with both legal precedents and the expectations of public engagement.