LANSING, Mich. (March 6, 2025) – Today, Sen. Sean McCann (D-Kalamazoo) introduced Senate Bill 129 that would amend Michigan’s Open Meetings Act to allow for virtual participation for persons with disabilities who request accommodation to participate and vote in public bodies. This bill would not apply to individuals directly elected by the electors to office. It would also require those members participating remotely to be in Michigan at the time of the meeting.
“Having a disability should not be a barrier to an individual’s opportunity to participate and serve on a publicly appointed body,” Sen. McCann said. “It is a fundamental right in this country to participate in these types of discussions and decision making, yet far too often arranging critical needs like adequate and appropriate transportation can put an unfair burden on a person with a disability and may prevent them from attending and participating in a public body in person. This bill allows for reasonable accommodation to ensure Michigan residents with disabilities have the same accessible opportunities to participate in public bodies as everyone else.”
In 2022, Attorney General Dana Nessel issued an opinion indicating that state boards must hold meetings in person under the Open Meetings Act (OMA), but that individual members with disabilities must be allowed to participate remotely under the Americans with Disabilities Act (ADA). An excerpt of the opinion reads:
“It is my opinion, therefore, that the Americans with Disabilities Act and Rehabilitation Act require state and local boards and commissions to provide reasonable accommodations, which could include an option to participate virtually, to qualified individuals with a disability who request an accommodation in order to fully participate as a board or commission member or as a member of the general public in meetings that are required by the Open Meetings Act to be held in a place available to the general public.”
“This creates an equal playing field, ensuring full, barrier-free access for people with disabilities to participate through a virtual platform,” said Mona Khaled, Disability Network Southwest Michigan’s Interim Executive Director. “This is not special treatment — it’s equity.”
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