A controversial resolution that would ban people from recording and photographing meetings from the audience and instead established designated areas died at the Guernsey Town Council on Tuesday after it failed to receive a motion.
The resolution, which sought to “establish content-neutral time, place and manner of regulations governing photography and videography within town hall meeting spaces” had been publicly criticized, with some residents and even town council members questioning its constitutionality.
Council member Joe Michaels told Cowboy State Daily on Tuesday before the meeting that the resolution “borders on being unconstitutional.”
“It’s a very, very fine line,” Michaels said. “We don’t want to infringe on anybody’s rights — not ours and not theirs.”
Shawna Reichert, a self-described “independent citizen journalist” who has been recording the Guernsey Town Council meetings for the past year, criticized Michaels’ remarks on her Guernsey Watch social media page.
“Recording these meetings has been met with repeated pushback and resistance from the majority of this council,” she said. "Now that the public is paying attention, the tone is changing.”
Melissa Howe, daughter of council member Penny Wells, was kicked out of the meeting by the Guernsey police chief at the direction of Mayor Ed Delgado for clapping after the resolution failed.
No Motion
At Tuesday's council meeting, Delgado read the resolution when it came up for consideration. A long moment of silence followed.
“Is there a motion?” the mayor asked.
No one spoke up.
“Is there a motion?” he asked twice more.
From the audience, Howe directed a comment at the council: “Nothing from Joe.”
She was referring to council member Michaels. Like Reichert, she has also been critical of what she believes is the council member’s shifting rhetoric.
“Another remark and I’m going to have to remove you,” the mayor told Howe.
There was more silence before the mayor said, “Resolution 2026-009 died with a lack of a motion.”
Howe clapped.
That’s when the mayor motioned to the Chief of Police Jay Harrison. “Chief, can you move her out of here, please?” he said.
“Way to flip-flop, Joe,” Howe said as she was removed from the meeting.
Mayor’s Response
Delgado told Cowboy State Daily he was surprised that the resolution failed to get a motion or advance at Tuesday’s council meeting.
“The reason I was surprised is because there has been disruption in the council meetings before,” he said about people recording and livestreming from the audience. “I figured that the council wanted it.”
Council member Wells told Cowboy State Daily on Tuesday that the resolution was an attempt to minimize disruptions during council meetings.
Some council members say Reichert doesn’t just record, but that she also narrates and talks for her video audience while recording and livestreaming, which can be a distraction during meetings.
Howe sought to clarify that at Tuesday’s meeting before she was asked to leave.
“I frequently interrupt during the meetings, out of turn,” she said during Tuesday’s public comment period. “I have a little frustration with the council. I do sometimes fill in and record the meetings."
There are no further plans to proceed with the resolution, Delgado said.
“It just dies,” he said. “Nothing more is going to happen.”
That means that if audience members are disruptive while recording the public meetings, he will have them escorted out — as was the case Tuesday, the mayor said.
Delgado said he was disappointed the resolution didn’t pass, adding that, “It is what it is.”
Public Pressure?
Reichert said she believes the resolution died because of the public pressure the town council faced.
“To be honest, I think the voices of our local residents (convinced) them to stop this resolution and is why it didn’t move forward,” she said. “I think that really matters.”
During the public comment period prior to the council considering the resolution, Reichert spoke.
“I can go in that lobby and sit in there for eight hours a day and record everything going on in this public access place,” she said. “And I will say that I thought it was pretty sad that one of our council members is constantly antagonizing, calling us a film crew, and then comments that he believes (this resolution) is unconstitutional. That's not right.
“All it keeps appearing with this council is that you don't want transparency or accountability,” she continued. "So, for those of you that keep fighting it, what do you have to hide?”
Reichert told Cowboy State Daily on Wednesday she believes public meetings are meant to be open and accessible.
“Recording them is just one way the public stays informed,” she said.
Howe Speaks Up
Howe told Cowboy State Daily that she knew going into Tuesday’s council meeting that she might be escorted out.
Even so, she said she was surprised that it happened after she clapped.
“I knew I’d get one chance to say something,” she said. “I’ve tried to stay separate because my mom sits on the council, but I could no longer stay separate.”
She said council member Michaels had previously referred to her as “his film crew.”
“I knew Joe was going do what he always does and flip his stance,” she said. “And that’s exactly what happened.”
Michaels did not return a message from Cowboy State Daily prior to publication.
However, he said Tuesday that he doesn’t disagree with the public’s freedom to record public meetings, he disagrees with how they do it.
“Despite the fact that the individuals that are recording are a pain in the butt because they talk and disrupt, you kind of have to bite the bullet and put up with it,” he said.
Kate Meadows can be reached at kate@cowboystatedaily.com.
