The Minnesota Commissioner of Administration  has issued a formal advisory opinion that it doesn’t violate the state’s open meeting law for the Minneapolis-St. Paul Metropolitan Airports Commission (MAC) to hold its meetings in location behind a TSA checkpoint and accessible only by showing REAL-ID or paying a $45 fee, as long as the MAC offers to pay (or reimburse) the fee for those seeking to attend MAC meetings.

The advisory opinion addressed only the following question:

Does the Metropolitan Airports Commission Board of Commissioners policy requiring attendees to pay for TSA ConfirmID or obtain a Real ID or passport to attend meetings violate Minnesota Statutes, section 13D.01 to hold open meetings?

The advisory opinion only addresses the requirement to pay the fee or show REAL-ID. This leaves unresolved an issue on which we requested an opinion, but which the Commissioner declined to address: Whether Minnesota’s open meeting law permits the MAC or another state body to hold meetings in a location to which access is under the control and subject to the standardless discretion of the TSA or another third party. The TSA claims the right to deny passage to anyone, regardless of whether they show REAL-ID, pay the illegal $45 fee, or respond to the TSA’s unlawful questioning.