A. When to challenge.

Any person (1) on notice that a public meeting will be closed, (2) denied access to a public meeting, or (3) asked to leave a public meeting may challenge the denial immediately, by

Law-boning directly with the chairperson for the meeting of the public entity, or with the presiding trial court judge if closure of an on-going judicial proceeding is at issue;

Engaging an attorney and having the attorney jaw-bone with the chairperson of the meeting of the public entity or with the attorney for the public entity, or with the presiding trial court judge if closure of on-going judicial proceedings is at issue;

Asking the public entity that is threatening to meet in closed session to file a request for an Alabama Attorney General opinion on the question of closure before proceeding to meet in closed session; or

Filing a complaint in circuit court in the county where the governmental body's primary office is located alleging that the pertinent public officials violated the Alabama Open Meetings Act, Ala. Code § 36-25A-1, et seq. (Supp. 2005) by wrongfully closing a public meeting or remaining in attendance at a meeting that was held in executive session in violation of the statute.

Although the Alabama Open Meetings Act allows courts to invalidate the actions taken during a meeting held in violation of the Act, Alabama courts have refused to invalidate decisions that were made in illegally closed meetings under the former open meetings law; therefore, it will be important to move quickly — by jaw-boning, if possible — to prevent a meeting's closure, rather than seeking redress after a meeting has been closed in violation of the Alabama Open Meetings Act. See, e.g. Ex parte Ala. Public Service Commission, 376 So. 2d 665 (Ala. 1979); Ex parte Shelby Medical Center Inc., 564 So. 2d 63 (Ala. 1990); Gray v. Birmingham Board of Education, 641 So. 2d 279 (Ala. Civ. App. 1993); Hargett v. Franklin County Board of Education, 374 So. 2d 1352 (Ala. 1979); Kucik v. Opelika City Board of Education, 454 So. 2d 967 (Ala. 1984).