City of Mesquite Policy for First Amendment Activity in City Buildings and Facilities.

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James Reeves
5 years ago
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1 Policy for First Amendment Activity in City Buildings and Facilities. Effective Date: October 26, 2010 Issued by: Ted Barron, City Manager 1. PURPOSE AND INTENT: The recognizes citizens First Amendment right to freedom of expression in and on City operated property and buildings subject to reasonable limitations under applicable law. The City endeavors to accommodate that right consistent with the purpose and function of City operated buildings and premises. It is not the intent of the that City facilities be deemed unlimited public forums for free expression of all topics, including political campaigning. These facilities are established and operated for limited and specific purposes relating to the conducting of City business and functions. It is the intent of the to accommodate the First Amendment rights of the public while present in these facilities in a reasonable manner which is consistent with the preservation of the function and operation of the facilities. Thus, the limitations in this policy are intended and designed to permit the exercise of First Amendment rights in a time, place and manner which is reasonable and consistent with the integrity of the operation and function of the facilities and premises to which this policy applies. This policy will be applied and enforced in an impartial manner without regard to the content of any speech or expression and without regard to the viewpoint of the speaker. Notwithstanding this directive, speech and expression which constitutes a violation of law, incitement to violations of law, obscenity, defamation, harassment and incitements to violate the law will be prohibited. This policy is intended to provide direction and guidance to City staff in dealing with requests from any person to make presentations at city facilities consistent with applicable law and the legal rights of the public. Employees applying this policy shall do so with courtesy and respect to all citizens. Public postings shall be made at each facility which is subject to this policy to inform persons of the requirements and limitations regarding public presentations as defined in this policy. 2. DEFINITIONS: Presentation: As applied in this policy, presentations include the distribution of information, either verbally or in writing, which includes protected speech under the First Amendment or the First Amendment Policy /29/2010

2 solicitation of support for a political or religious purpose or cause. Presentation means the organized distribution of such material or information by a person or persons in such a manner as makes it apparent that the primary purpose of the persons presence is for the purpose of such distribution or solicitation. This definition does not include the exchange of information or conversation upon any topic which is merely incidental to one s presence at a city facility rather than part of an organized or directed effort to disseminate material or information, or solicit support, on a political, religious or other topic which is protected under the First Amendment. City facility: This term means City owned or operated buildings which are enclosed. Park pavilions: This term means open, covered structures in City parks which are subject to reservation for specified uses. City athletic fields: This term means the portion of the athletic complexes which are used for sporting events (the playing field), the area for spectator seating and areas immediately adjacent (within ten feet) to spectator seating areas. Designated area: This term means the area set aside in certain City facilities which is designated for use by persons making presentations. This space will be of adequate area and location to accommodate the rights of persons wishing to distribute information or literature which is protected under the First Amendment consistent with safety, the preservation of the facility functions and with the protection of patrons from harassment. The designated area will be as near to the primary public entrance of the facility as reasonably feasible given the circumstances and physical layout of the facility and consistent with these guidelines; shall be within ready view of persons entering and leaving; shall be located in such a manner as to permit safe and orderly ingress and egress; and, should accommodate at least two persons. Facilities which are non-public forums: The enclosed portions (and the portions of park pavilions under roof and within 20 feet of the covered area) of the following facilities are deemed as non-public forums: Police Station Fire Stations City Hall, 711 N. Galloway Avenue Municipal Center, 1515 N. Galloway Avenue Community Services Building, 1616 N. Galloway Avenue Main Library North Branch Library Mesquite Metro Airport Service Center, 1101 E. Main Street Mesquite Arts Center, 1527 N. Galloway Avenue Evans Recreation Center (Senior Center) First Amendment Policy /29/2010

3 Goodbar Recreation Center (Senior Center) Rutherford Recreation Center (Senior Center) Dunford Recreation Center Florence Recreation Center Thompson Gymnasium Shaw Gymnasium Westlake Tennis Center Lakeside Activity Center Westlake House Park Pavilions (during times when reserved for private use) City athletic fields (as defined in this policy) All other City buildings and enclosed structures not listed herein. 3. PROCEDURES AND GUIDELINES: A. In order to avoid interruptions in day-to-day business, provide for safe flow of traffic and due to limited public access to many parts of the facilities, presentations will not be permitted in the facilities listed below: Police Station, City Court and city detention facility Fire Stations Service Center, 1101 E. Main Street This prohibition includes the entry way and hallway areas of these facilities as well as areas not open to the general public and is necessary to permit citizens and patrons to access the facilities for the purpose of conducting official business in an unfettered manner. It is the intent of the City that, for purposes of First Amendment activity, these areas are non-public except during specified times and for specified purposes as may from time to time be specifically designated by the City. B. Procedures for Recreation Centers and Senior Centers: 1. Notwithstanding the other provisions of this policy, regular and temporary members of the Senior Centers will be permitted to make presentations, engage in discussions, and distribute written materials in all parts of the Senior Centers so long as this is done in a manner which is not unduly intrusive or disruptive of facility activities. However, all tables, tripods, display boards, and similar devices for displaying information or materials must be set up in and remain in the designated area set aside for that purpose. This procedure will be applied in a content neutral fashion. Persons who are not regular or tempo- First Amendment Policy /29/2010

4 rary members of the Senior Centers shall restrict their First Amendment activities to the designated area. Staff is encouraged to exercise discretion in attempting to restrict activity or conversations beyond the designated area in order to avoid interfering with or restricting personal conversations and interactions. 2. Presentations will also be allowed during activities conducted as a part of private functions in reserved meeting rooms. 3. Should the number of persons wishing to make presentations in designated areas exceed the number which can be safely accommodated by the designated area, presentations will be permitted on a first come-first serve basis. All space must be abandoned at the end of each day and re-occupied the following day during normal business hours. For example, a person setting up a presentation in a designated area may not hold his or her space over to the next day. This is necessary to allow all persons equal access to the designated spaces for presentations. Persons conducting such activity shall comply with applicable visitor rules and sign-in procedures. 4. In addition to the presentations permitted without advance notice under paragraph 1 above, presentations will be allowed during the daily announcement and information program for senior citizen programs with a three-day advance reservation and limited to 3 to 5 minutes subject to available program time. (Note: this is the same procedure followed for all outside presenters on this program.) Requests for reservations for presentations will be accepted unless the time requested is already reserved and will be responded to in a content neutral fashion. C. Procedures for other open Park and public premises: Presentations at park reservation facilities (including picnic pavilions and shade structures may be conducted in accordance with existing reservation rules. Notwithstanding this provision, presentations which are protected under the First Amendment in nonreservation park premises (open areas or areas for which use by the public does not require a reservation) are subject only to existing city code and permit requirements as well as applicable State law. D. Procedures for Libraries: This procedure applies to the following facilities: Main Library North Branch Library Other libraries which may become open after the implementation of this policy. First Amendment Policy /29/2010

5 Presentations in Library meeting areas are limited to private meetings and small public forums subject to the space limitations of the individual facility. All requests for use of Library meeting rooms must be made in accordance with Library reservation policy and will be granted subject to available space and time. No reservation requests for presentations will be granted or denied based upon the proposed content of the presentation other than presentations which constitute a violation of law, incitement to violations of law, obscenity, defamation, harassment, and incitements to violate the law will not be permitted. No presentations are permitted in the hallways or entranceways of the Library facilities (except in designated areas) as these areas must remain clear of interference in order to comply with applicable fire code regulations as well as to permit ingress and egress of facility patrons for facility activities. Due to limited physical space in these areas, this is necessary so that patrons may attend library functions and activities without physical blockage. This is further necessary so that patrons may attend library functions and activities without being subjected to unwanted harassment or solicitation. Should the number of persons wishing to make presentations in designated areas pursuant to this paragraph exceed the number which can be safely accommodated by the designated space, presentations will be permitted on a first come-first serve basis. All space must be abandoned and re-occupied the following day during normal business hours. For example, a person setting up a presentation in a designated area may not hold his or her place over to the next day. This is necessary to allow all persons equal access to the designated spaces for presentations. E. Procedure for Arts Center, Municipal Center, City Hall, Community Services Building and Mesquite Metro Airport: All requests for use of Arts Center meeting rooms or facilities must be made in accordance with City reservation policy and will be granted subject to available space and time. No requests for reservations for presentations will be granted or denied based upon the proposed content of the presentation other than presentations which constitute a violation of law, incitement to violations of law, obscenity, defamation, harassment, and incitements to violate the law will not be permitted. No presentations are permitted in the hallways or entranceways of the Arts Center, Municipal Center, City Hall, Community Services Building or Airport (except in designated areas ) as these areas must remain clear of interference in order to comply with applicable fire code regulations as well as to permit ingress and egress of patrons for facility activities. Due to limited physical space in these areas, this is necessary so that patrons and staff may attend facility activities and conduct city functions without physical First Amendment Policy /29/2010

6 blockage. This is further necessary so that patrons may attend facility functions and activities and for staff to attend to City business without being subjected to unwanted harassment or solicitation. Should the number of persons wishing to make presentations in designated areas pursuant to this paragraph exceed the number which can be safely accommodated by the designated space, presentations will be permitted on a first comefirst serve basis. All space must be abandoned and re-occupied the following day during normal business hours. For example, a person setting up a presentation in a designated area may not hold his or her space over to the next day. This is necessary to allow all persons equal access to the designated spaces for presentations. This policy does not affect existing procedures regarding statements by the public during City Council meetings. F. City employees acting in violation of this policy may be reported to the City Manager s office. Reports of such alleged violations shall be handled in accordance with the City s personnel policy. -end- First Amendment Policy /29/2010

Television: Channels 4, 5, 7, 8 and 9 WTOP 1500 AM / FM. The City of Manassas inclement weather telephone number is (703)

Television: Channels 4, 5, 7, 8 and 9 WTOP 1500 AM / FM. The City of Manassas inclement weather telephone number is (703) 7.1 Inclement Weather Policy In the event of existing or anticipated inclement weather, it is the intention of the City administration to maintain City operations to the extent that prudence and safety