A Key Biscayne Independent reporter was kicked out of a public meeting Tuesday, where Key Biscayne council members and Village staff were touring the ongoing renovations of the local Ritz-Carlton hotel.
A First Amendment expert says the Village violated the state’s open meetings law, a government transparency provision it has violated before, costing taxpayers more than $35,000.
The Council is set to vote on a record-shattering $111 million budget on Thursday. It is also scheduled to hold a closed-door meeting on the Village’s “Gag Order” policy being challenged in federal court by the Independent. It is not known what may have been said during the tour, because a reporter was excluded.
“There is no valid reason for excluding our reporter. We expect an immediate course correction from this government. Transparency serves the public trust. Secret meetings do not,” said Key Biscayne Independent Editor in Chief Tony Winton.
Sunshine law expert Barbara Peterson said the burden is on the Village, not a private business, to make sure the laws are followed.
“The hotel didn’t do anything wrong. The onus was on the Council to protect that the reporter had a right to be present at a public meeting,” Petersen said.
Florida’s Sunshine Law is intended to promote openness by prohibiting secret government meetings. Two elected officials, for example, cannot telephone each other about public business. They must instead publicly post notice of a meeting that can allow public observation. Miami-Dade County, for example, routinely posts notices of “Sunshine” Zoom calls between county commissioners.
Vice Mayor Oscar Sardiñas said he spoke to the Independent reporter briefly and was surprised when, during the tour, she was no longer there.
Mayor Joe Rasco said it was the call of Joe Coote, the area director of residences at the Ritz, to expel the journalist. “It was their call based on their policy,” he said.
Village Manager Steve Williamson, when asked for a comment, said, “All I heard about was the Ritz enforcing a Marriott policy.”
The hotel chain’s public relations team told the reporter, Bianca Sproul, that it did not want any negative articles or allow any photography. However, the open meetings law says Sproul had a right to photograph the Council members and staff on the tour and to attend a meeting — just like everyone else.
The eviction of Sproul turned what would have been a perfunctory update on the renovations at the Ritz-Carlton Key Biscayne, an island fixture for decades, into a story about municipal transparency.
It comes as the Village is embroiled in a lawsuit with the Independent over its sweeping gag order policy that prohibited employees from speaking to reporters without permission.
Open meeting law violation?
Petersen is the CEO of the Florida Center for Government Accountability and a renowned expert on Florida’s open meetings and public records laws. She said that although the hotel asked the reporter to leave a public meeting, it is incumbent upon the Village to make sure the public is allowed to stay.
Several council members were in earshot when the request to leave was made, Sproul said.
“It’s really clear that you are not allowed to exclude people. They have to provide a way for the public to attend,” she said. “The Council cannot avoid that duty.”
As for photography, Peterson explained, there is a right to record the meetings, including a camera on private property, adding that allowing recording is part of the government’s obligation to make the meeting accessible to any members of the public.
Penalties for Florida Sunshine Law violations by an elected official can include a noncriminal infraction with a fine of up to $500, a second-degree misdemeanor (up to 60 days in jail and/or a $500 fine) for knowingly violating the law, suspension or removal from office by the Governor, and the assessment of the prevailing party’s attorney’s fees and costs in any litigation.
It could also be the case that the Ritz-Carlton did not know that inviting the Council to the property meant that the Village was obliged to make it open to the public in order not to violate the Sunshine Law, Petersen said.
Sproul, who identified herself as a reporter for the Independent, said Coote appeared confused about a reporter’s presence and initially asked the Independent not to take any photographs. That is when the Key Biscayne delegation started to arrive, including Sardiñas and Council Member Frank Caplan. Sproul offered to take only photos of the council members on tour.
As Sproul conversed with elected officials, Coote approached Sproul to tell her that he had spoken with the hotel chain’s PR team and asked her to leave. Coote said, “They didn’t know the media was going to come. They’re worried about legality and bad press. And they, you know, they didn’t feel comfortable with it,” Sproul recalled.
Marel Holler Hinners, the public relations director, did not respond to an email seeking comment.
Sardiñas said he didn’t witness Coote telling Sproul she would have to leave the premises. “I noticed that she wasn’t there when we went in,” he said.
Council Member Nancy Stoner, who was also present, said she didn’t know a reporter was present for the tour and referred all questions on whether the meeting was open to the public to Williamson and Village Clerk Jocelyn Koch.
Caplan did not pick up a phone call or respond to a text seeking comment.
History of Sunshine Issues
In 2018, then-Mayor Mayra Peña Lindsay was investigated by the Miami-Dade Commission on Ethics and Public Trust when she denied a resident access to a publicly noticed meeting regarding the Village’s pension plan.
The Commission referred the case to the Miami-Dade State Attorney, who declined to prosecute, finding Peña Lindsay contrite. Still, Key Biscayne taxpayers were left holding the bag, having to pay more than $35,000 of her legal fees.
Later, in the late stages of the pandemic, the Council ejected Winton from a meeting in chambers. Gov. Ron DeSantis then nullified the ability of municipalities to bar the public from meetings.
Tony Winton contributed to this story
This story was originally published in the Key Biscayne Independent, a WLRN News partner.
