RulesCommunications Highlights 2008 1204

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To: Rules and Communications Committee From: Jayne W. Williams, City Attorney Re: Use of City Facilities by Candidates Date: October 22, 2008 Page: 3 Practically, to what extent can the City restrict or prohibit campaign activity at City run or sponsored events held within City facilities (designated public forums)? In line with Cornelius, 473 U.S. 788 (19$5), there are strong arguments that it would be legally defensible for the City to restrict campaign activity at a City run event that has a targeted focus or purpose, such as a senior health fair or youth job fair in a City facility. Such restrictions minimize disruption of the event's stated purpose, and avoid the appearance of political favoritism without regard to the viewpoint of excluded speakers or groups and would arguably pass the strict scrutiny standard articulated by the Supreme Court. However, putting maximum restrictions on campaign activity at other types of City sponsored events that are open to the broader public, such as City sponsored festivals or a farmer's market held on public forums, like public parks or streets, may violate First Amendment free speech protections. For such events, we have advised creating designated free speech zones, tables, or booths such that campaign activity may be regulated as to time, place and manner; not content. CONCLUSION City facilities which have been made available for public use constitute a designated public forum. As such, the City should consult with the City Attorney's office before an event to analyze whether restrictions would pass muster under the US Supreme Court's strict scrutiny standard. However, consistent with earlier advice, there are strong arguments that certain types of events held at or upon City facilities, i.e., population targeted subject matter specific expos or fairs, may restrict campaign activity more than other types of City events, i.e., events or festivals advertised for general interest or attendance. 713412