Bill seeks to amend Open Meetings Act to require virtual options for those with disabilities

While the Michigan Senate was busy passing its version of next year’s budget on Thursday, there was still time to introduce a bill to amend Michigan’s Open Meetings Act (OMA).

Introduced by state Sen. Sean McCann (D-Kalamazoo), SB 870 would require virtual participation be provided for persons with disabilities who request accommodation to participate and vote in public bodies. 

“This legislation recognizes the physical and communication barriers that currently exist for members of our communities that have disabilities,” McCann said. “Too often, arranging critical needs like adequate and appropriate transportation can put an unfair burden on a person with a disability and may prevent them from attending and participating in a public body in person — a fundamental right that our democracy is based on. My bill allows for reasonable accommodation to ensure Michigan residents with disabilities have the same accessible opportunities to participate in public bodies as everyone else.”  

McCann cited a 2022 opinion from Attorney General Dana Nessel that indicated while state boards must hold meetings in person under the OMA, individual members with disabilities must also be allowed to participate remotely under the Americans with Disabilities Act (ADA).  

The opinion was requested in January 2022 by Sen. Jeff Irwin (D-Ann Arbor) and then-Sen. Wayne Schmidt (R-Traverse City).

“This is a matter of great urgency and importance as the allowance of local governments, as well as their boards and commissions, to meet virtually in response to the COVID-19 pandemic ended on January 1, 2022,” the request stated. “Michiganians with disabilities and specific health conditions shouldn’t have to risk their wellbeing to contribute to civic life in their communities.”

Among those applauding McCann’s legislation is Alex Gossage, chair of the Disability Network Michigan Board of Directors, and executive director of the Disability Network Washtenaw Monroe Livingston. 

“Civic participation is vital to strong and vibrant communities and effective governance locally, statewide, and across our nation. We are all better off when debate, discussion, and policymaking are accessible to all members of our community,” said Gossage. “I and Disability Network Michigan are thankful for the leadership of individuals such as Senator McCann, who recognize that we must do better to make community meetings open, accessible, and inclusive. Revising the Open Meetings Act to include remote participation for people with disabilities is an important and necessary step forward for all of us.”

McCann’s bill was referred to the Senate Civil Rights, Judiciary and Public Safety Committee.