This article was updated with a correction and new information on Sept. 17 @ 8:56 a.m.

Some Democratic lawmakers and dozens of advocacy groups are pushing for Maryland to meet in a special session this fall.

They contend the state can’t wait until January to address issues such as an eviction moratorium, police reform and judicial oversight.

The state’s American Civil Liberties Union chapter became the latest to weigh-in on a special session. Joe Spielberger, the ACLU’s public policy counsel, wrote a letter to House Speaker Adrienne Jones (D-Baltimore County) and Senate President Bill Ferguson (D-Baltimore City) Tuesday saying the General Assembly is not prohibited from reconvening in a virtual special or regular session, under state law.

The letter responded to a 10-page opinion last month by the state attorney general’s office that there may be some legal challenges to holding any floor sessions remotely or virtually in the middle of a pandemic. It mentioned, for instance, the challenge of calling roll and needing the assistance of clerks and legislative staff in the statehouse.

Ferguson refused to comment on the record about calling a special session Wednesday afternoon and Jones’s staffers did not respond when asked to comment. But a Senate staff member said there wasn’t enough consensus from lawmakers on any legislation to hold a special session.

Ferguson (D-Baltimore City) told protestors at a mock legislative session in Annapolis Wednesday night that there would be no special session this year.

“Your advocacy truly matters,” Ferguson told protestors. “We never imagined a a health pandemic, a racial pandemic to a housing insecurity pandemic. The speaker and I have spent countless nights trying to figure out how can we solve these problems.”

Ferguson told protestors that he and Speaker Adrienne Jones (D-Baltimore County) the legislature has not stopped working. He also said that they are waiting for the outcome of the presidential election which could impact the state’s budget and other policies moving forward.

Del. Julian Ivey (D-Prince George’s) and other advocacy groups planned to hold a mock legislative session Wednesday evening in Annapolis to demand legislators that reconvene in a special session and address emergency housing action, settlement funding for the state’s historically Black colleges and universities, the budget shortfall, and transparency and public access during the 2021 session.

Ivey told WAMU/DCist that based on the ACLU’s letter the legislature should be able to reconvene legally and said it was a matter of transparency.

“The specific issue of whether or not we’re having a special session has brought to light the fact that there have been some individuals who claim there are transparency issues,” Ivey said.

The state’s House of Delegates has provided a live video stream of some of its floor sessions. The Senate sessions are only accessible via audio streaming. Committee meetings are all available through video streaming on the General Assembly’s website.

The General Assembly adjourned its 2020 session earlier than usual — in mid-March, due to the pandemic. Lawmakers have been holding virtual oversight and informational hearings with multiple state agencies since then, and streaming the meetings on YouTube.

Next week the Senate’s Judicial Proceedings Committee, chaired by Sen. Will Smith (D-Montgomery County), will take the unusual step of holding three days of virtual bill hearings on police reform measures. A special committee that hasn’t convened since 2006, led by Jones and Ferguson, will meet on Wednesday to continue its investigation into the Maryland Environmental Service’s policies and practices. A Senate staffer say it’s the only committee that has the authority to issue a subpoena and it may decide to call Roy McGrath, the environmental agency’s former director, to testify about his hefty severance package.

Spielberger says the ACLU and other advocacy groups are deeply concerned about the issue of police reform and are worried that the bills will lack public input.

“What is required is that Marylanders can fully exercise their First Amendment right to petition their government,” Spielberger said. “Leadership must be transparent about where and how they will convene sessions, and ensure that fundamental rights are not curtailed during this pandemic.”

Smith says he’s aware of issues of transparency, but says he also wants to be sure there is legislation to consider whenever a session is called.

“For me and my committee it’s important to be prepared if we do go into a special session,” Smith said adding that the committee has also put together recommendations for the state’s housing crisis and court and criminal justice oversight.

Spielberger says any work being done by committees in the interim should be limited for the sake of transparency and public input.

However, Smith says the committee is allowing the public to sign up and testify remotely. The bills being discussed will also be made public Wednesday.

“It’s a huge leap to make sure the public has access and can participate in government and people can see what their government is doing,” Smith said. “And the pandemic has nudged us closer to that access, which is welcomed.”

Correction: The ACLU did not take a position on whether there should be a special session. They only weigh-in on it. And, the ACLU was not a part of the mock legislative session.

We regret the error. 

Senate President Bill Ferguson’s comments were also added.