No. 28933 (New Rule): R131-11. Free Speech Activities

 

DAR File No.: 28933
Filed: 08/15/2006, 11:35
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is promulgated pursuant to Section 63C-9-301 which directs the Board, except as provided in Subsection 63C-9-301(2), to exercise complete jurisdiction over the Capitol Hill Complex, which includes providing for the public use of the Capitol Hill Complex for free speech activities.

 

Summary of the rule or change:

This rule defines and implements Board policy regarding free speech activities at the Utah State Capitol Hill Complex.

 

State statutory or constitutional authorization for this rule:

Section 63C-9-301

 

Anticipated cost or savings to:

the state budget:

The provisions of the rule are limited to time, manner, and place provisions for free speech activities. There are no cost related activities, such as purchase of permits or bonds, or the payment of fees, provided for in the rule.

 

local governments:

The provisions of the rule are limited to time, manner, and place provisions for free speech activities. There are no cost related activities, such as purchase of permits or bonds, or the payment of fees, provided for in the rule.

 

other persons:

The provisions of the rule are limited to time, manner, and place provisions for free speech activities. There are no cost related activities, such as purchase of permits or bonds, or the payment of fees, provided for in the rule.

 

Compliance costs for affected persons:

The provisions of the rule are limited to time, manner, and place provisions for free speech activities. There are no cost related activities, such as purchase of permits or bonds, or the payment of fees, provided for in the rule.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The action of the Capitol Preservation Board does not affect businesses. David Hart, AIA, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2110

 

Direct questions regarding this rule to:

Sarah Whitney at the above address, by phone at 801-538-3074, by FAX at 801-538-3221, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/02/2006

 

This rule may become effective on:

10/09/2006

 

Authorized by:

David H. Hart, AIA, Executive Director

 

 

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

R131-11. Free Speech Activities.

R131-11-1. Purpose.

(1) The purpose of this rule is to:

(a) provide for the public use of the Capitol Hill Complex for free speech activities;

(b) facilitate public assembly and communication between people at the Capitol Hill Complex;

(c) designate areas of the Capitol Hill Complex open to the public for free speech activities; and

(d) establish guidelines to accommodate free speech activities and public assembly on the Capitol Hill Complex.

(2) This rule is intended to further the following governmental interests:

(a) to accommodate and establish guidelines for free speech activities on the Capitol Hill Complex;

(b) to minimize disruption to or interruption of the conduct of state business;

(c) to maintain unobstructed and efficient flow of pedestrian and vehicular traffic between and within the Capitol Hill Complex;

(d) to control littering, damage to, and vandalism of the Capitol Hill Complex and control noise and other disruptive impacts on the performance of state business; and

(e) to ensure the health, safety, and welfare of all persons visiting or using the Capitol Hill Complex.

 

R131-11-2. Authority.

(1) This rule is adopted pursuant to the authority granted to the Board under Section 63C-9-301. The executive director may adopt policies and procedures to implement this rule.

 

R131-11-3. Definitions.

The definitions of rule R131-2-3 shall apply to this rule R131-11. In addition, the following definitions shall apply:

(1) "Free Speech Activity" means an event held by a person or group in the exercise of protected freedom of speech, freedom of assembly, or other First Amendment protections at the Capitol Hill Complex, including demonstrations, rallies, leafleting, press conferences, speeches, debates, vigils, parades, and marches. The terms "solicitation" and "events" as defined in R131-2-3 are not free speech activities.

(2) "Leafleting" means the unsolicited distribution of leaflets, handbills, pamphlets, flyers or any other written materials to pedestrians, passers by or on vehicles.

(3) "Public Free Speech Areas" means those locations of the Capitol Hill Complex which are open to the public for free speech activities. Public free speech areas are:

(a) the Capitol Hill Grounds;

(b) the south grand staircase, south, east and west terraces of the Capitol:

(c) the east and west entrances to the Capitol;

(d) the Capitol Rotunda;

(e) those areas of the main public foyers of the House and Senate buildings delineated on "Map A" on file with the office of the Board dated September 1, 2006 and incorporated herein by reference; and

(f) the plaza between the House and Senate buildings.

(4) Areas of the Capitol Hill Complex not expressly designated in this rule and on "Map A" are not public free speech areas.

 

R131-11-4. Time, Place, and Manner of Free Speech Activities.

(1) General. The time, place, and manner of free speech activities may be limited for public health, safety, welfare and security reasons and to further the interests stated in R131-11-1.

(a) Free speech activities on the Capitol Hill Complex may only be conducted in the public free speech areas.

(b) Free speech activities shall be subject to the general requirements of R131-2-6, except that, in the case of conflict, the provisions of this rule R131-11 shall control.

(c) In general, public assembly and free speech activities shall conform to all applicable laws and requirements, including health, safety, fire, building and other codes or limitations.

(d) Occupancy limits as posted in or applicable to public free speech areas will dictate, unless otherwise limited for public safety, the number of persons who can assemble in the public free speech areas. Under no circumstance will occupancy limits be exceeded. State Capitol security personnel shall use reasonable efforts to ensure compliance with occupancy, safety, and health requirements.

(e) Safety requirements as used in this rule R131-11-4(1) include safety and security requirements made known to the executive director by the Utah Department of Public Safety or the federal government for the safety and security of special events and/or persons on the Capitol Hill Complex.

(2) Time and Place.

(a) Free speech activities held outdoors may take place at the public free speech areas of the Capitol Hill Grounds between the hours of 7:00 a.m. and 11:00 p.m. daily.

(i) In addition to times listed in subsection (2)(a) above, free speech activities may be held on the Capitol Hill Grounds concurrent with after hour government action, such as stay of execution or commutation proceedings and legislative meetings. Such after hour free speech activities must end at the conclusion of the concurrent government proceeding.

(b) Free speech activities held indoors may take place in the public free speech areas during the hours such public free speech areas are open to the public, generally between 8:00 a.m. to 6:00 p.m., during after hour legislative sessions, and during committee and agency meetings until such sessions or meetings are adjourned.

(c) In order to accommodate as many groups as may make requests to conduct free speech activities on a given day, a free speech activity in a given public free speech area may be limited to two hours when necessary to accommodate another pre-scheduled group in the same public free speech area.

(i) The number of groups or participants on the plaza may be limited when necessary to comply with occupancy limits, fire, safety, and health codes, and applicable security requirements;

(3) Manner.

(a) General Requirements. The provisions of rule R131-2-6 which apply to all persons using the Capitol Hill Complex including state officers, legislators, and employees, also apply to persons and groups participating in free speech activities, except that, in the case of conflict, the provisions of this rule R131-11 shall control.

(b) Registration and Scheduling.

(i) Public free speech areas may be scheduled for free speech activities up to 14 calendar days in advance of the free speech activity by registering with the executive director's office or online at http://www.utahstatecapitol.utah.gov.

(ii) Persons registering will provide the following information: the name of the sponsoring organization; the name and contact information of a contact person or agent; the type of free speech activity; the date, time and duration of the free speech activity; the public free speech area requested for use; the number of anticipated participants; and a list of equipment and services to be used in connection with the free speech activity. Registration shall be on a form prepared by the executive director.

(iii) If a person or group fails to register due to the spontaneous nature of the free speech activity, they may still conduct the free speech activity provided it does not interfere with the time and location of a previously scheduled free speech activity in the same public free speech area and meets all the other requirements of this rule.

(c) Priority.

(i) The scheduling assignment of public free speech areas shall be made on a first-come, first-serve basis.

(ii) In the case of scheduling conflicts, first priority in the use of the public free speech areas shall be given to government business and state sponsored activities. Free speech activities shall be given priority over community service, commercialand private activities. In case of a scheduling conflict, the executive director shall provide alternative times and locations for the proposed activity to the extent reasonably feasible.

(iii) No group or individual will be denied access to or use of a public free speech area unless the proposed free speech activity violates this rule, applicable law, conflicts with a scheduled state sponsored activity, or conflicts with the time and location of a previously scheduled free speech activity.

(d) Leafleting.

(i) Leafleting is allowed in public free speech areas.

(ii) Leafleting is not allowed by placing leaflets on vehicles.

(e) Noise. All indoor free speech activities and those held on the plaza must maintain noise levels not exceeding 85 decibels or a more restrictive limit established by applicable laws or ordinances.

(f) Law Enforcement. All free speech activities shall comply with applicable state and federal laws and regulations and with applicable Salt Lake City ordinances. Law enforcement and State Capitol security personnel may intercede to enforce said laws, to prevent injury to persons and property, and to further the interests stated in rule R131-11-1.

 

R131-11-5. Indemnification.

(1) Individuals and organizations using the Capitol Hill Complex do so at their own risk and shall indemnify and hold harmless the state from and against any and all suits, damages, claims or other liabilities due to personal injury or death, and from damage to or loss of property arising out of or resulting from the conduct of free speech activities on the Capitol Hill Complex.

 

KEY: free speech activities, leafleting

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 63C-9-301