In a non-binding opinion, the Illinois Attorney General Public Access Counselor (PAC) found that a town’s board of trustees did not violate the Open Meetings Act (OMA) by briefly interrupting a public commenter and authorizing the commenter’s removal after he raised his middle finger at the board.
At a board meeting, a public commenter was interrupted by the mayor twice for no more than two seconds each time. After the second interruption, the commenter raised two fingers, stating that he had two minutes remaining. One minute later, he lowered his index finger, but continued to extend his middle finger and kept it extended until he was ushered away from the podium. He was ushered away two seconds shy of his allotted time of three minutes.
Section 2.06(g) of the OMA provides that “[a]ny person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body.” 5 ILCS 120/2.06(g). The PAC, however, emphasized that the OMA does not require public bodies to allow comments that are profane or disruptive, and that public bodies can place restrictions on public comments that breach decorum, whether or not profanity is used. Because the middle finger gesture was undoubtedly profane, the board did not unreasonably restrict public comments by authorizing him to be ushered away before the end of his allotted three minutes.
The PAC also noted that the mayor’s brief interruptions of the speaker did not violate the OMA because they did not meaningfully interfere with his ability to address public officials.
Recent PAC opinions and cases have highlighted the limited ability for public bodies to restrict the content of public comments, particularly concerning criticism of public officials. This opinion serves as a reminder that there is a limit to permissible public comment when it crosses the line to profanity or breaches of decorum.
If your board is facing questions about public comment procedures, meeting decorum, or OMA compliance, contact any of our Board Governance attorneys.
Source: 2026 Public Access Opinion 93241
