Despite the fact that fines for violations have increased, few have been levied. Audio recordings of executive sessions would be used only to prove or disprove the legality of the secret meeting. Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association said, "The value of an audio or video recording of an executive session is irrefutable evidence of what transpired. A judge could review the recording to determine if a violation occurred."
Municipalities and School Boards have disapproved stating the requirement would impose a significant unfunded mandate on local government boards.