Lexington may, or may not, have "a racism problem."

But what it clearly does have — along with every other public agency operating under the statute modifying the Kentucky open meetings law during the state of emergency — is a law that temporarily demonstrates a preference for electronic participation rather than physical presence.

https://apps.legislature.ky.gov/record/20RS/sb150.html

And this almost certainly encouraged the "series of anonymous speakers who shouted racial epithets, along with homophobic and anti-Semitic remarks" while Wednesday night's Lexington Fayette Urban County Council meeting proceeded.

"Zoombombing" entered our vocabulary not long after public agencies across the country moved to "virtual meeting" in response to the pandemic and in the interest of public health.

It is, of course, an "unwanted, disruptive intrusion, generally by Internet trolls and hackers, into a video conference call." Most are offensive, many obscene. But all occur under a cloak of anonymity that is generally unavailable at a face to face, in-person meeting.

Kentucky's open meetings law does not address the public's right to comment. There is, therefore, no enforceable right *under the open meetings law* for a member or members of the public to speak.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23042

But as a matter of sound practice, and in the interest of participatory government, most public agencies set aside time for public comment as a part of their meeting agenda. Often, agencies require members of the public who wish to speak to sign up — something the public cannot be required to do in order to simply attend a public meeting.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42577

Anonymity is not, in general, an option for those wishing to be heard.

Although these face to face encounters between constituents and elected officials do not entirely eliminate the potential for "disruptive intrusions," they generally encourage more respectful and responsible interaction.

Video teleconferencing is the best and only option available to agencies wishing to conduct the public's essential business during the state of emergency. Public agencies may voluntarily adopt the practice going forward as an alternative for members of the public unable to physically attend their statutorily mandated in-person meetings.

But virtual meetings cannot effectively replace in-person meetings, and the preference for physical presence expressed in the law must remain.

https://www.facebook.com/419650175248377/posts/692034424676616/?d=n

Wednesday night's public hearing of the Lexington Fayette Urban County Council suggests one of many arguments in support.