On the evening of Wednesday, March 24, two representatives from the Education Action Group Foundation were illegally evicted from a public budget meeting of the Indianapolis school district, after Andy Gammill, a local columnist from the Indianapolis Star, pointed out their presence to a school official.
EAGF has filed a formal complaint regarding this incident with the Indiana Public Access Counselor, charging that the eviction was a clear violation of the Indiana Open Door Law.
According to Indiana state law, “All meetings of the governing bodies of public agencies must be open at all times for the purpose of permitting members of the public to observe and record them.”
Most of the incident, including Gammill’s obvious effort to draw attention to the presence of EAGF representatives, as well as the actual eviction, was captured on video.
Kyle Oson (vice president of EAGF) and Don VanderKooi (EAGF video camera operator) attended Wednesday’s budget meeting at George Washington High School, as part of a film documentary project. They both signed in at the door, which is apparently required of all members of the audience.
Olson sat quietly toward the back of the room, while VanderKooi quietly operated the camera at the edge of the room.
About 40 minutes into the meeting, Olson was approached by, and introduced himself to Gammill, an education columnist with the Indianapolis Star. Moments later Gammell left his seat and approached Mary Louise Bewley, the district’s school/community relations director.
On the video, Gammill and Bewley are clearly seen motioning toward Olson and VanderKooi, then whispering and making exaggerated faces. A few moments later Bewley can be seen summoning VanderKooi into the hallway.
“(Bewley) passed in front of our camera several times during the meeting and seemed to have no problem with us, then within 30 seconds after she spoke to Gammill, we were in the process of being evicted from the meeting,” Olson said.
In the hallway, Bewley told VanderKooi that he wasn’t free to film an open public meeting for “disingenuous” purposes. Olson joined them in the hallway a moment later.
At that point Bewley can be heard on the video telling Olson that he should have called to let her know they were coming to the open meeting. She also told Olson that she believed EAGF was present at the meeting for “disingenuous” purposes, and said they had to leave.
When Olson asked for a definition of “disingenuous,” Bewley refused to give an answer and again ordered our crew to leave. Olson and VanderKooi were then escorted to the door by a police officer.
Olson and VanderKooi were never given the option of simply turning off their camera and remaining at the meeting.
EAGF left numerous telephone messages for Bewley, who did not respond.
EAGF has consulted with several attorneys in the Indianapolis area, all of whom said Bewley’s actions were a clear violation of the Indiana Open Door Law.
We contacted Dr. Willie Giles, assistant superintendent of Indianapolis Public Schools, to ask what grounds the school district cited to evict Olson and VanderKooi from the public meeting.
We asked if the district or state law had a “disingenuous” clause, allowing school officials to judge the legitimacy of journalists or their projects, before allowing them to enter or remain at a public meeting.
Dr. Giles said he was aware of no such clause. He acknowledged that the meeting was open to the public, and said he was not aware of any special procedures EAGF should have followed to gain access to the meeting.
We contacted Gammill, who told us that he approached Bewley during the meeting to get the name of a parent who had just spoken. He told us he mentioned our crew’s presence to Bewley only in passing, and he was surprised they were evicted.
Gammill, who ended our telephone interview after a few questions, said he knew of no law or policy that would allow school officials force orderly citizens to leave.
Gammill has used his column to criticize EAGF in the past.
We at EAGF believe it’s crucial that this illegal action be fully investigated, and the responsible school officials be held accountable. We believe the police officer who attended the meeting and forced our colleagues to leave should be made aware of the state’s open door law.
We also believe members of the Indiana media, as well as citizens of the state, should be concerned about public officials who take it upon themselves to determine who should be in a public meeting, and whether their purpose for being at a meeting is legitimate.
“If this can happen to us, who’s to say it can’t happen to Andy Gammill, the Indianapolis Star or anybody else,” Olson said. “That’s why the people of Indiana should be concerned.”
