SAN JOSE IS POISED to bring back virtual public comments during its meetings, two years after the city cut the option due to hate speech concerns.
The reintroduction of remote participation, which could come as soon as the June 8 budget hearing, is a response to a new state law mandating digital access for a variety of public meetings. For the time being, the proposed change would cover only San Jose City Council meetings, though some leaders have expressed interest in allowing the city’s many boards, commissions and committees to opt in as well.
Councilmembers on Tuesday are set to consider a measure nailing down the details of the digital access plan, including the timeline for implementation as well as updates to the city’s public meeting rules covering remote participants. It comes just weeks before the state’s new mandate, passed last year as Senate Bill 707, is set to take effect July 1.
The pending return has generated enthusiasm from residents, who said they’re hopeful it will ease access to meetings for many groups of people — such as low-income workers, parents and those with disabilities — who struggle to take part in San Jose’s council meetings, which begin at 1:30 p.m. every Tuesday.
However, others have expressed concern that reopening council meetings to remote callers will once again open the proceedings to a flood of hateful abuse. They are only partially reassured by plans to introduce new safeguards, such as upgraded software designed to better manage participants.
Concerns about hate speech
District 4 Councilmember David Cohen, who recently faced antisemitic harassment, said while bringing back remote access will provide definite benefits, he also shares the concerns about hate speech.
“I’m hopeful it will improve public input into our decision making process,” Cohen told San José Spotlight. “We hope that the new technologies that we have will allow us to better screen and monitor for (hateful rhetoric), but given the rules around free speech, it’s pretty hard to legislate that away.”
Free speech laws prohibit cities from restricting speech only because it is offensive. Instead, the new meeting rules prohibit conduct that “disrupts, delays or materially interferes” with proceedings.
San Jose began using virtual public comment in March 2020 as part of its response to the COVID-19 lockdown orders. However, the city discontinued the practice four years later after council meetings were interrupted on numerous occasions by speakers hurling antisemitic and racial slurs and racist “Zoom bombings.” Other Bay Area cities such as San Francisco, Walnut Creek and Union City have also responded to such incidents by curtailing virtual public comments.
“They think it’s fun to be hateful and to make people angry, so we’re going to do our best to take the joy out of it.”
City Clerk Toni Taber
“I was disappointed that we have bad actors often from other areas of the country who took that away from people,” City Clerk Toni Taber told San José Spotlight. “I think this is a good thing to come back.”
But anticipating more disruptions as a possibility, the city has taken steps to prepare.
In addition to revamping the city’s code of conduct for public meetings, officials are also taking pains to create a neutral environment for the proceedings that minimizes the potential for harassment. For example, under the city’s plans, online public comment participants will see only their countdown timer displayed, meaning they will be unable to see any reaction from councilmembers.
“They think it’s fun to be hateful and to make people angry, so we’re going to do our best to take the joy out of it,” Taber said.
New software adds new capabilities
At first, remote access will be managed using Zoom, as it was during the pandemic. By August, Taber said the city plans to begin using a new remote access software, known as PublicInput, that is specifically designed for public meetings. It is equipped with some additional capabilities that could help push back against hateful behavior. While Zoom allowed commenters to use any alias they chose, PublicInput requires the use of actual phone numbers, making it somewhat easier to identify malicious actors, Taber said.
Meanwhile, the new meeting rules are also set to bring another important change to council meetings: They will reduce the default time limit for public comments from two minutes down to one. It’s a time-saving change that comes partially due to the expectation that new access options will encourage a higher volume of public commenters to take part.
For residents looking forward to the change, adding all those new perspectives to San Jose’s public meetings will deliver a major boon for San Jose’s policy making process.
“It just opens up the opportunity to participate in the civic process to more people,” Jordan Moldow, a traffic safety advocate and frequent public commenter, told San José Spotlight. “Members of the communities that I work with are spread out throughout the city with varying transportation arrangements and work arrangements and other family and community obligations. This will allow more of the people that I work with to participate in items that come up that are important to them.”
Contact Keith Menconi at keith@sanjosespotlight.com or @KeithMenconi on X.