Judge rules Vt. Gas hearing open to public
A judge ruled late Monday that Thursday's hearing before the Public Service Board, regarding a land dispute with Vermont Gas Systems Inc., be open to the public.
United States District Court Chief Judge Christina Reiss, granted plaintiff Lisa Barrett and subsequently, the general public, the right to attend the hearing, however, she did not require the board to find an alternative location.
"I'm very excited," said Barrett, "It really emphasizes that the First Amendment does guarantee the public the right to watch the government in action."
Now, she said, she'll have to find a way to get into one of the 48 seats in the room allotted to members of the public who want to attend the hearing regarding Vermont Gas' easement right-of-way to construct a portion of a natural gas pipeline through Geprags Park. The seats are available first come first served for interested community members.
One of the main issues the board used to argue against opening the meeting was the need to conduct "a fair and orderly opportunity to present and test their respective evidence," so that both sides could be heard.
Judge Reiss' ruled that the First Amendment gives the public, including those who have previously protested, the right to attend the hearing. The rights of disruptive members of the public are the same as other members of the public. She cited a case where the banning of a protester from court proceedings potentially implied one point of view was favored over another.
Reiss also wrote that banning was "disproportionate to the perceived threat."
The protesters have made their grievances known during hearings in the past, but Reiss determined on Monday from evidence presented that the demonstrators were more of an inconvenience to the board than a threat.
Vermont Gas spokeswoman Beth Parent issued statement Tuesday that was critical of individuals who have disrupted the board’s past proceedings and calling for all Vermonters to support civil and courteous proceedings in all cases.
“The court has issued a ruling stating that the public will be allowed to attend this Thursday’s Eminent Domain Hearing regarding Geprag’s Park. Our focus is to ensure that we are able to participate in the hearing without interruption or delay,” Parent wrote.
Parent also wanted to clarify the recent motion filed by the utility.
“[...] our motion filed July 29, 2016 clearly requests only that the intervenors’ status as parties be addressed. We expect and support the intervenors’ presence at the hearing. Media reports in the Burlington Free Press today to the contrary are simply incorrect,” Parent wrote.
However, when Vermont Gas filed the motion on Friday, June 29, to revoke Hinesburg residents' permission to intervene in the public domain dispute before the board, “the public” was not allowed to attend the hearing. This would have removed the intervenors (the Hinesburg residents) from attending the hearing.
The intervenors in this case are seven Hinesburg residents who according to an article in Monday's Free Press do not feel town government has acted in their interests or in the interests of Geprags Park. They are set to appear before the Public Service Board to present evidence to support their claim that the town could not grant easement rights under the conditions in which the land was donated.
Five of the concerned residents filed a complaint yesterday with the town alleging an open meeting violation occurred during negotiations with Vermont Gas.
As of Tuesday afternoon, the board had yet to decide on the motion from Vermont Gas to revoke from interested Hinesburg community members the permission needed to present their case regarding Geprags Park at Thursday's hearing.
Public Service Board clerk Judith Whitney confirmed this afternoon that the hearing will still be streamed live on the board's website http://psb.vermont.gov/ at 9:30 a.m. Thursday and the call-in number for listeners will also remain available for the public: 1-877-273-4202, conference room (participant) pin number: 4085308.
This story was first posted on Aug. 2, 2016 Contact Nicole Higgins DeSmet, ndesmet@freepressmedia.com or 802-660-1845. Follow her on Twitter @NicoleHDeSmet.
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