Melbourne Council Advances Decorum Ordinance After Moms for Liberty Case
The Melbourne City Council approved the first reading of an ordinance Jan. 13 to revise rules for public participation and decorum at council meetings following legal guidance tied to Moms for Liberty of Brevard County v. Brevard Public Schools.
The ordinance updates how residents may participate in council meetings and how the city defines and enforces conduct standards. City officials said the revisions reflect constitutional guidance from a federal court ruling and advice from the city attorney.
The action begins a process to update Melbourne’s city code governing public comment and meeting conduct to align with current legal standards.
The City Attorney provided guidance to the council in October 2025 on public participation rules in light of the Moms for Liberty case. The council then directed the City Attorney at its Nov. 13, 2025, meeting to draft proposed revisions to clarify and revise public participation and decorum standards.
City Attorney Adam Conley presented the ordinance at the Jan. 13 council meeting. The ordinance amends city code related to public participation and decorum. It states that the City Council may adopt reasonable rules and policies to ensure the orderly conduct of public meetings under Florida law.
What Changes Does the Ordinance Propose?
The ordinance applies a three-minute time limit to all public comments, which Conley said closes a gap in the existing city code.
The ordinance requires speakers to complete a “request to speak” form. Conley said the city prefers speakers to submit the form before speaking but allows the form to be submitted after a speaker’s comments, so the city can still collect speaker information for the public record.
The proposal clarifies that speakers may address the council as a body or individual council members. Conley said the change reflects federal court guidance indicating that restrictions on addressing individual members must be applied narrowly and uniformly.The ordinance removes language that prohibited being “disrespectful” and adds definitions for prohibited behaviors, including “boisterous,” “impertinent remark,” and “personal remark,” to create more objective and enforceable standards.