Q May a city council adopt a resolution prohibiting the possession and use of cellular phones by the public during meetings of the council?

A Citizens may tape or video record open meetings subject to reasonable rules and regulations enacted by the public body pursuant to Section 25-41-9. Creating a rule that prohibits all sound equipment or recording devices is not reasonable. If the public body determines that possession or use of cell phones in a meeting is disruptive, the public body may make a rule prohibiting cell phones during the meeting, but it is unreasonable for a public body to prohibit a citizen from recording its open meetings. Thus, any rule restricting the types of equipment used to record a public meeting cannot be drafted or enforced in a way that would completely prohibit a citizen from recording the meeting. Further, the restriction on the type of equipment used to record meetings should not be for the purpose of prohibiting citizens from recording a public meeting. (Attorney Generalís Opinion to Mills, March 16, 2018)