Longer speaking rules at Austin City Council meetings stand, for now, after ruling

People at Thursday's Austin City Council meeting will once again get three minutes to speak on every single item they signed up for after a judge extended an order in a lawsuit against the City of Austin.

AUSTIN (KXAN) -- People at Thursday's Austin City Council meeting will once again get three minutes to speak on every single item they signed up for after a judge extended an order in a lawsuit against the City of Austin.

That will be the case until July 1, according to Bill Bunch, the executive director of the Save our Springs Alliance, and the man suing the city.

“We appreciate the court’s time and will abide by the order issued by the court. Per the order, speakers will receive 3 minutes to speak on each item," a spokesperson for the City of Austin said.

There are 100 items on Thursday's agenda.

The background

If you've been to an Austin City Council meeting, chances are you know who Bill Bunch is. He's one of the more regular speakers at City Hall.

During a city council meeting a couple of weeks ago -- where the body was considering a city manager contract, among other items -- Bunch used roughly half of his allotted two minutes to argue he should be given more time to speak during public comment. He then threatened to sue and followed through.

Judge Madeleine Connor -- who KXAN has also previously reported on -- ruled in favor of Bunch previously in issuing a temporary restraining order (TRO). This new ruling is a continuation of that decision.

“Every resident deserves the opportunity to address the council on matters that affect our community,” said Bunch previously. “The Texas Open Meeting Act is intended to be liberally construed to ensure that residents have a voice in local government.”

The two-week TRO required Austin City Council to give each speaker at Thursday's April 18 meeting at least three minutes to speak "on each item for which the speaker has properly registered to speak." That will be the same at this week's meeting.

As it's worked previously, speakers signed up to speak on consent agenda items -- as Bunch was -- were given two minutes regardless of the number of items they signed up to speak on.

"I am signed up for four items and I want two minutes on each of those four items," Bunch said in a council meeting on April 4. "Under the law, that you understand, is what is required."

Mayor: Please go ahead. 

Bunch: Do I get my 8 minutes?

Mayor: No, sir. 

Bunch: I get two minutes for my four items? 

Mayor: And you're down to 1:01. 

Bunch: Okay. And I will sue you in court. Promptly. And we will have this foolishness put to an end. 

Mayor: 51 [seconds]

Documents from the Texas Attorney General show state law did not require public testimony at all until Texas Government Code section 551.007 was enacted in 2019, though many local governments offered that option.

“Current First Amendment precedent would allow rules that restrict speakers to the subject of the meeting, impose time limits on speakers, and prevent disruptions of the meeting," Assistant Attorney General William Hill wrote.

Hill continued: "Three minutes is a common limitation, but whether a time limitation is reasonable may depend on the particular circumstances."