City Attorney Green advised the Sanford City Commission on Aug. 11 that the city’s practice of asking public commenters to state their name and address is legally defensible when framed as a request rather than a requirement.

Green said case law shows courts may find a First Amendment violation if a government body conditions speech on disclosure of identity, but he concluded Sanford’s procedures strike a balance. "If you look at the rule, including when individuals come to sign in, it says you should identify yourself and by name and address, but it does not designate it as a requirement," he said. "So I believe that the city really poses a very good balance."

He referenced Fla. Stat. § 286.0114 (the right to be heard) and Chapter 119 recordkeeping requirements as reasons the city seeks names and addresses to maintain accurate records. Green also said that, practically, many municipalities ask for that information; he encouraged commissioners to let people speak even if they refuse to give an address to avoid any chilling effect.

Commissioner discussion focused on making the mayor’s opening prompt clearer so speakers understand the request is optional. One commissioner said the city should make it "as easy as possible for the mayor so that he knows what to ask when they do come up to the podium," and another suggested asking whether the speaker would like to state an address only if the sign-in form is incomplete. Green advised that if a person refuses to give identifying information but insists on speaking, commissioners should allow the comment.

No changes to policy were adopted at the work session; the attorney offered to research alternatives if the commission wants further adjustments to its procedures.