DEPARTMENT: City Attorney's Office
DEPARTMENT HEAD: Andrew Segovia
COUNCIL DISTRICTS IMPACTED: All
SUBJECT:
Review of permitting procedures for First Amendment assembly and procession in public places
SUMMARY:
The City's current procedures for permitting related to First Amendment assembly and procession comply with the U.S. Constitution, and strike the delicate balance of maintaining public safety and sharing the use of public spaces, while safeguarding citizens' rights to freedom of speech and assembly in public places.
BACKGROUND INFORMATION:
Council Member Trevi?o has submitted a CCR, asking this office to reassess permitting procedures for First Amendment assembly and procession in public places and to provide options for potentially easing restrictions for demonstrations. Council Member Trevi?o has asked whether the standards for issuance of a permit and assessment of fees should be modified, and whether there should be an expansion of those public spaces where assembly and procession are allowed.
ISSUE:
Legal Overview: Regulations in Different Types of Forums. The City may impose reasonable restrictions on the time, place, or manner of protected speech in a public forum, provided the restrictions are justified without reference to the content of the speech, are narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. Public forums are those places historically linked with the exercise of First Amendment freedoms, such as streets, sidewalks and parks. Non-public forums are those locations that are not historically linked to speech and assembly, or are considered to be non-public forums because such activities would be inconsistent with their use (e.g. airports, military bases, government workplaces, jails). Property that is not traditionally considered a public forum may become a designated public forum for such time as the City, by policy or practice, opens it for expressiv...
Click here for full text