A group that supports liberal issues has threatened to sue the Missouri Senate if it's not allowed to record proceedings in some state Senate committee hearings.
"We believe the Sunshine Law is very clear on this issue and that members of the public, including representatives of Progress Missouri, have the right to videotape committee meetings whether or not they are official members of the press," St. Louis lawyer Chris Grant told three senators in a letter emailed Thursday, and copied to the News Tribune on Friday.
The Senate's new administrator said Friday that the chamber's legal staff "will examine the videotaping issue."
For a number of years, the Senate's Chamber, Lounge and hearing rooms have been equipped with "mult-boxes" - electronic devices where several broadcast and print reporters can plug in recorders at the same time during the lawmakers' debates and committee hearings.
News Tribune reporters, the statewide Missourinet radio news network, St. Louis Public Media and other radio and TV outlets often use that equipment for audio recording.
Cameras for the News Tribune, the Associated Press and Mid-Missouri's television stations - as well as the occasional TV visitors from other cities - generally have been given access to those rooms to take pictures of debates or hearings as desired.
Part of the Senate's Rule 96 generally has permitted that access to the press corps, under the provision: "Persons with cameras, flash cameras, lights, or other paraphernalia may be allowed to use such devices at committee meetings with the permission of the Chairman as long as they do not prove disruptive to the decorum of the committee."
Also, over the years, some individuals or groups, including Progress Missouri and the Missouri Chamber of Commerce and Industry, have been given permission to record some committee hearings - but not others.
In his letter, Grant told Republican Sens. Mike Kehoe, Jefferson City, Mike Parson, Bolivar, and David Sater, Cassville: "The fact that people are allowed to photograph some committee meetings but not others, without reason, shows arbitrary enforcement."
More importantly, Grant said, Missouri's Sunshine Law requires the Senate to give recording access to all.
The law says: "A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting. A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting."
Grant added, "The law does not limit the right to videotape to the press corps. It allows anyone, including Progress Missouri, to videotape a meeting."
Some committees have announced recording automatically is approved for the Capitol press - media outlets, including the News Tribune, Associated Press, Missourinet, area TV stations and other newspapers - that cover events at the Capitol on a regular or daily basis. Many of those are part of the Capitol Press Association, which requires its members to provide full-time coverage of state government.
Grant noted, "The Sunshine Law does not make a special exception for members of the press as determined by a Senate rule. ...
"Additionally, it is a violation of the rights of free speech and association to make membership in the Missouri Capitol News Association a condition for videotaping a committee meeting."
In her response Friday afternoon, Senate Administrator Marga Hoelscher did not comment directly on the issues raised by Grant's letter.
However, she wrote, "The Senate is in the process of examining the resources needed to enhance video coverage of committee hearings (and) to ensure that audio coverage is available when requested by Committee Chairs."