TOWN OF WAYAWANDA ZONING BOARD OF APPEALS BANS VIDEO CAMS:
Anna Miller stood in the back of the room, silent, her fingers wrapped around a small, hand-held video camera.
The 14-year-old Minisink Valley High School freshman believed it was her civic right to bring her camera. She wanted to record a public meeting of the town's Zoning Board of Appeals for herself and others. She learned in school that government meetings are open to the public.
That's true. Just not Thursday night's meeting of the Zoning Board of Appeals.
Chairman Richard Onorati demanded that Miller shut off the camera. "It's too much of a distraction," he told her.
Miller complied.
"I made no noise," she said. "I didn't draw attention to myself."
The state's Committee on Open Government was contacted months ago by Miller's mother, Deborah Glover, and another citizen, Connie Lichtenberger, seeking an opinion on whether the public has a right to videotape open meetings.
Glover wants to videotape all government meetings, Town and Planning boards included, for future use on a grassroots town news Web site. Such a tool is critical to keeping residents in this town informed — many of whom cannot find time to attend meetings between working and children's activities, she said.
Back in August, Lichtenberger tried to videotape a public hearing of the Zoning Board of Appeals that dealt with an issue relating to her New Hampton neighborhood. She placed a video camera in the corner, on a tripod. But she, too, was shot down.
Committee on Open Government Executive Director Robert Freeman wrote that case law suggests audiotaping and videotaping of town meetings is permissible as long as it is not "disruptive or obtrusive."
Freeman's opinions haven't swayed Onorati. He said that the camera, pointed directly at the board members, is intimidating and distracting. And the board unanimously agreed several months ago to not allow videotaping. The meetings are recorded on audiotape, and copies are available to the public upon request. He further contends that the board is a "quasi-judicial" agency and should be granted the "same consideration as the courts."
At one time, state law exempted quasi-judicial boards, including zoning boards of appeals, from holding open meetings. But more than 20 years ago, that law was amended and no longer allows for such an exemption, said Camille Jobin-Davis, Committee on Open Government assistant director.
"It's not a distraction. You have a hand-held video camera. You stand still," said Jobin-Davis. "I don't see what the problem is."
Glover and Miller said they will try again.
"Nothing is denied here," Onorati said of the meetings. "Except videotaping."
This girl's mother, her friend, and the reporter shouljd be ashamed of themselves for using this girl to draw attention in this manner. The choreography of the "confrontation", including making sure a sympathetic reporter and cameraman were there, couldn't be more obvious.