Board hears training on public‑participation rules and First Amendment limits

Gary Strosski led a training for the Lakota Local Board of Education on the district's public‑participation policy and the First Amendment implications that follow when a public body permits public comment. Strosski said that once a board decides to accept public participation it creates a "limited public forum," subject to constitutional limits, and cautioned that boards may not engage in viewpoint discrimination.

The training outlined practical policy components the board already uses or could adopt: a 30‑minute total public comment window, three minutes per speaker (with the possibility of extending public comment by board vote up to a 90‑minute maximum), a required signup sheet and limited registrant categories (resident, business owner, parent/legal guardian, employee or student). Strosski recommended placing policy text and complaint‑procedure copies at the signup table and using a visible timer to enforce limits consistently.

On enforcement, Strosski recommended progressively stronger steps: a verbal reminder, a declaration that the speaker is out of order if they continue, a short recess to de‑escalate and, as a last resort, law‑enforcement removal. He said the board president should be prepared to interrupt or warn speakers and emphasized even‑handed application so the board does not appear to apply rules selectively.

Strosski reviewed relevant court precedents, including a seminal 1976 U.S. Supreme Court decision recognizing protection for speech on matters of public concern and a 2021 Sixth Circuit decision (Madison Local) that upheld one‑person/one‑registration requirements while striking overly broad restrictions on "harassing" or "antagonistic" speech. He told the board: "First Amendment... once a public body decides to have public participation, then the rules of the First Amendment kick in," and he urged narrowly tailored, clearly written policy language to withstand judicial review.

Board members discussed timing mechanics (when the three‑minute clock starts), whether to cut the microphone at three minutes to ensure fairness, rules on delegating time to another speaker, and how to handle off‑stage speakers appearing only on audio. The training closed with Strosski offering to send larger‑format slides and suggesting the board incorporate clear, narrowly worded standards and consistent enforcement practice before adopting any further policy changes. No vote on policy language was taken at the meeting.