Illinois PAC Issues Binding Opinion on Improper Restrictions on Public Comment

On January 21, 2026, the Illinois Attorney General’s Public Access Counselor (the “PAC”) issued binding opinion 26-001, finding that the Village of Sauk Village (the “Village”) violated the Open Meetings Act (the “OMA”) by impermissibly restricting a member of the public from addressing the Village Board during a committee meeting. Specifically, the PAC found that the Village violated the OMA by prohibiting comments addressing individual trustees by name without an established and recorded rule prohibiting such conduct. Moreover, the PAC noted that even if the Village had such a rule, that the application of the rule would unreasonably restrict, rather than accommodate, the right to address public officials and, therefore, such a rule is incompatible with Section 2.06 of the OMA, which provides that “[a]ny person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body.” Finally, the PAC concluded that the public comments were not disruptive in nature and, therefore, could not be regulated based upon the Village Board’s inherent authority to run an orderly meeting.

For any questions relating to the Open Meetings Act or binding opinion 26-001, please contact your Robbins Schwartz attorneys.