West Virginia Attorney General Patrick Morrisey announced Wednesday a Kanawha County Circuit Court judge has dismissed a lawsuit filed against the state House of Delegates and the House Government Organization Committee alleging violation of the Open Meetings Act.
The lawsuit was filed on June 9, 2021, by Robert E. King, the sole proprietor of R&R Transit, a Morgantown-based company that provides luxury limousine transportation services.
“Governmental entities must always provide avenues for the media and the public to attend and witness official meetings that the law requires to be open,” Attorney General Morrisey said. “Even with the past COVID restrictions, the House of Delegates had appropriate checks and balances in place to ensure the public could remain informed and actively participate in the democratic process.
The Government Organization Committee held an official meeting at the State Capitol on March 23, 2021, and discussed House Bill 2890, which was related to the scope of the Public Service Commission’s regulation of luxury limousine service providers.
King argued COVID-19 restrictions regarding public access to the Capitol during that time essentially prevented him from attending the meeting in person and insisted the audio stream of the meeting was his “only meaningful access to committee deliberations…”
King alleged that technical difficulties in the online audio broadcast impaired his ability to monitor the deliberations, and his attorneys argued that factor alone constituted a violation of the state’s Open Meetings Act.
The Attorney General disputed that position, noting that members of the media were allowed to attend the meeting in person as were any members of the public who made appointments to do so.
Even if there were technical difficulties in the online broadcast, Attorney General Morrisey said King still could have taken numerous other steps to participate in the legislative process leading up to the enactment of House Bill 2890.
The bill eventually was signed by the governor on April 26, 2021. It took effect on July 6, 2021.
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