SG has been “warned” by university attorneys that they have the same responsibility to comply with Sunshine Laws as the university. But this hasn’t stopped them from continuing to break these laws, even if it’s right in the face of reporters.

After several reports by the UP on SG’s and the administration’s disregard of Sunshine Laws, the situation has finally reached the boiling point. If administrators know SG officials are breaking laws how can they continue to get away with it?

The answer: a lack of clear legislation as pertains to SGs (around the state) from state lawmaking entities.

“It’s never been addressed through a legal opinion, as far as student governments go,” says Assistant Attorney General of Florida Jocelyn Wilson. But that, according to Adam Goldstein of the Student Press Law Center, is no excuse for SG’s seeming disregard of Sunshine Laws.

“The fact that they have shown themselves capable of repetition (in breaking the law) after having it brought to their attention shows me that it’s more than just a series of ‘innocent mistakes,'” Goldstein says. “When it’s an innocent mistake, education is enough, but when people have been educated, then it’s time for court.”

Goldstein says that because SG is in control of $6.5 million worth of students’ Activities and Services fees, they have no choice but to comply with state laws.

The university, which has to comply with the laws, has delegated the responsibility of spending A&S fees to SG, Goldstein says. “If SG weren’t in charge of it, then the university would have to do it and would have to comply with state law in the process.”

The fact is that, while there’s no legal precedent set for SG, the university has to comply with state records laws.

Being a public institution automatically obligates them to comply with state law. Unlike SG’s compliance with Sunshine Laws, a legal decision was actually passed to help ensure their compliance – and it came from a lawsuit that was originated by students.

Thomas Julin is a First Amendment attorney specializing in representing media entities who works for Hunton and Williams, a national law firm headquartered in Virginia.

In 1980, when he was working for the Alligator, the University of Florida’s student newspaper, he brought suit against UF for what he considered to be violations of Sunshine Laws – and he won.

The university was attempting to hire a new dean of its law school and refused to open the interviews and meetings with potential candidates to the public.

The case made it to the Florida Supreme Court, where he won on appeal and established the basis for universities opening meetings to the public as dictated by Florida’s Sunshine Laws.

As for the situation at FAU, Julin says, “I think the significance of the attorney general’s opinion back then is a good indication of what you could do now….Sunshine Laws apply directly to universities.”

Adria Harper, the director of the First Amendment Foundation, a not-for-profit organization that offers educational legal advice relating to records laws, says, “I always advise student body SG organizations to open their meetings and have an access policy on their meetings and records just to avoid these problems.”

She says that while there is no “official opinion relating to SGs,” it is still reasonable that these laws would apply to student governments just the same as they do to universities. Bottom line: Both Julin and Goldstein say that the only way to solve this problem is to take it to court.

“I think you have a great case with a lot of justification. It’s logical that the public records laws apply,” Julin says. “But I haven’t seen it played out fully.”

“If you push for it, there is some risk that you’d lose, but I think it’s more than worthy of exploration.”