Happening now: Status Hearing in Alaskans for Open Meetings v. Municipality of Anchorage #aklaw
Judge Gandbhir called the hearing to address public participation in Friday's preliminary injunction Zoom hearing. Hearing will also be live streamed on Youtube!
Mario Bird (attorney for AFOM) wants to do in-person hearing. [Because of course he does in a lawsuit challenging telephonic Assembly meetings]
Judge Gandbhir: File a written motion, but it's not likely to be granted, not a good cause. One issue is public hearings can't be done in-person and via Zoom (no in-court cameras)
Judge Gandbhir: If AFOM wants in-person, probably will cause a delay in order to get logistics ready for the hearing.
Judge Gandbhir: Please let me know who's gonna testify/participate on Friday; also please make sure they know how to use phones/computers etc.
Michael Corey (attorney for AFOM): Don't want to have lack of in-person attendance be taken as an admission that remote participation is legal - that's the heart of this lawsuit, could be prejudicial to the claims.
Judge Gandbhir: "There's a difference between disagreeing with a rule and abiding by the rule." Of course, no prejudice by participating remotely Friday.
Quite a bit of discussion about the Zoom link circulating in the public. The Court's Zoom is apparently capped at 100 and they don't want it to be overrun. [Normally, courts give the parties Zoom links in sealed orders, so it's unclear how the Zoom link got out]
This is the longest ever discussion about whether to do a new Zoom invitation...
Oral Argument in Alaskans for Open Meetings v. Municipality of Anchorage is set for Friday, December 4 at 9:30 am. There'll be a live stream on the Alaska Court System Youtube channel.

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More from @AK_cases_bot

4 Dec
BREAKING: Recent court filings bring to light new details in the timeline of the Maria Athens saga. Athens was charged for a DUI that occurred on October 5, the Monday before the Friday that she posted allegations involving former Mayor Berkowitz #aklaw ImageImageImage
On October 10, Athens was arrested and charged with assault, criminal mischief, and disorderly conduct following an altercation with her partner and news station manager. Athens allegedly kicked the windows of an APD vehicle while she was handcuffed and under arrest. ImageImageImageImage
On October 11, Athens was released, with conditions requiring her to report to the probation office on November 10. Her father, the noted criminologist Lonnie Athens (Seton Hall Univ.) posted her bail. ImageImage
Read 10 tweets
4 Dec
Happening now: Oral Argument in Alaskans for Open Meetings v. Municipality of Anchorage

Recap: AFOM filed a Motion for Preliminary Injunction to stay enforcement of ordinances passed by the Assembly in August based on violations of the Open Meetings Act and 1st Amendment #aklaw
Michael Corey for AFOM
Ruth Botstein for the Muni

Judge Gandbhir: There'll be no ruling today.
Corey starts out by making arguments to the public, not the court. This is blatantly political: "The Assembly took it upon themselves not to follow Alaska Statutes."

"Everyone of us has the obligation to follow the law." Lol. CC: Mayor candidate Bronson.
Read 20 tweets
4 Dec
Alaskans for Open Meetings (AFOM) has responded to the Muni's arguments that Assembly did not violate the Open Meetings Act by prohibiting in-person participation during Assembly meetings in August. #aklaw
Importantly Point: AFOM argues that the Open Meetings Act does not allow the Assembly to require video/teleconference participation for the public while allowing Muni employees and witnesses to testify in person, which happened in August Image
AFOM points to legislative history of the Open Meetings Act to argue that it *allows* telephonic/video public participation, but does not permit that as the exclusive means. In other words, there must also be in-person attendance, at least when Muni employees are in-person Image
Read 5 tweets
3 Dec
At today's hearing, AFOM's attorney, Michael Corey anticipated a problem for Friday's hearing: the Zoom link was "circulating" publicly. He said his client wasn't responsible, and the Muni said they weren't. Problem is, the Zoom link was ONLY sent to those attorneys. Who done it? Image
The logic here is that Save Anchorage and Alaskans for Open Meetings have lots of members who vehemently oppose remote governmental hearings. A Zoom link could be used by hundreds of those folks to monkeywrench Friday's oral argument...
If only there were some public figure, with known connections to Save Anchorage, who published an article this week discussing the Zoom hearing . . .

@MustReadAlaska? Image
Read 4 tweets

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