SBISD GAGS PUBLIC COMMENT: TIME TO CLEAN OUT KITCHEN?

By Joe F. Rodriguez
Special to El Rrun-Rrun

Former Board Member Vargas and current San Benito Independent School District board member Orlando Lopez both publicly stated that citizens/voters have other options (i.e. Facebook, Twitter, Instagram, and other social media) to voice their concerns.

Here are two prime examples of two elitist board members who not only want to deny citizens/taxpayers to voice their school district concerns at a board meeting but they also are telling them where to go to voice their concerns.

Board member Victor Eloy Rosas reason for not allowing general poublic comments is that he is not amused regarding individuals wearing a mask (referring to a resident who wore a Donald trump mask) and disrespecting the board meetings.

There is no law that makes it illegal for an individual to wear a mask in an open public setting. Using common sense is not something that can be legislated. We are all allowed to present ourselves as we so wish without hurting other people. The speaker’s message content is more important than the optics of such an act.

Let’s be honest here, the school board majority’s reasoning or rational for not allowing “General Issues Public Comments” is their dislike for “public criticism” or “the content of the speaker’s comments”, which is a specific violation of the amended Open Meetings Act and the Constitution.

Under the U.S. Constitution, a board may set reasonable restriction on when, where, and how it will receive citizens’ comments, but it may not restrict comments based on whether the board agrees or disagrees with the content of the speaker’s comments. Cox v. Louisiana, 379 U.S. 559 (1965); Dayan v Bd. Of Regents of univ. Sys. Of Ga., 491 F. Supp. 138 (M.D. Ga. 1979), aff’d, 620 F.2d 107 (5th Cir. 1980).

Remember, The First Amendment guarantees our right to free expression and free association, which means that the government (or government run school) does not have the right to forbid us from saying or writing what we like.

We do not abandon our First Amendment rights at the entrance to the school board Meeting. This means that we can express our opinions orally and in writing – in leaflets or on buttons, armbands, T-shirts, and, yes, even wearing masks.

Texas /Association of School Boards twitter account posted a tweet asking 2018 Superintendent of the Year Northside ISD Superintendent Dr. Brian Woods, @briantwoods1, on what makes a good leader. Dr. Woods reply: “Push credit away to other folds and take blame and constructive
criticism when it comes.”

When you enter that voting booth, stop and ask yourself “Will this person I am about to vote for try to silence me because he/she will be offended by my public criticism in an open public meeting?”

Finally, there is an old adage “If you can’t stand the heat, get out of the kitchen.” The same adage applies to being in elected office. If you can’t  stand public criticism, stay out of public office because “public criticism” comes with the territory.

Maybe it’s time to “Clean out the kitchen”!