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Public Engagement

Public Engagement. General Rules for Engaging the Public on or near Transit Property. General Principles. First Amendment Free Speech Protections Municipal and state ordinances  Balancing Test Free Speech Rights v. Public Safety / System Operations Transit System Rules and Regulations.

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Public Engagement

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  1. Public Engagement General Rules for Engaging the Public on or near Transit Property

  2. General Principles • First Amendment Free Speech Protections • Municipal and state ordinances  • Balancing Test • Free Speech Rights v. Public Safety / System Operations • Transit System Rules and Regulations

  3. Typical Transit System Regulations • Distance • Public communication on transit property is often restricted to a designated distance from bus stops, entrances, platforms, station booths, and fare machines. Distances vary from 10-50 feet. • Sound • Transit system regulations frequently require advance notice of any sound equipment use. Use of bullhorns, microphones, and amplifiers usually must be approved prior to public communication activities.

  4. Typical Regulation Continued • Signs, placards, and props • Many system regulations prohibit posting of signs on transit system property and restrict use of signs with wooden or rigid handles. Leaflets and pamphlets are typically permitted. • Language • Any communication device that promotes violence, obscenity, confidential information, or defamation will be legitimate grounds for removal.

  5. Limited Public Forums Limited Public Forums are areas that are not historically used for or dedicated to the advancement of expressive activities (like public parks and walkways). Transit facilities are considered limited public forums, meaning that reasonable restrictions can be placed on the time, location, and manner of first amendment activities.

  6. Content-Based Restrictions Any attempt to suppress first amendment activity based on the viewpoint therein is impermissible. Aside from regulations banning obscenities or violence, transit system rules may not discriminate based on the content of a group’s public communication materials.

  7. Required Permits Usually transit system permit procedures are valid, however if the required procedure unreasonably impedes the effectiveness and intention of the first amendment activity, it may be invalid. Any pre-determined area for first amendment activity as set forth in a permit must be accessible and frequented by the public.

  8. Key Questions • Is the regulation content and viewpoint neutral? • Is there a substantial transit system interest? • E.g. passenger safety, flow of rider traffic, security of facility • Are permit requirements reasonable? • Designated area frequented by riders and the public. • Advance notice requirement reasonable (e.g. 3 days vs. 14 days)

  9. Example – Distance Public communication activities are not permitted within fifteen (15) feet of any stairway, escalator, elevator, entrance, customer service counter, ticket or automatic teller machine or authorized commercial activity. Public communications activities are not permitted within five (5) feet of any fire safety system component, telephone, information board or news vending machine. Additionally, public communications activities must not block normal pedestrian paths.

  10. Example – Signage Signs carried by or on a person are permitted provided the signs are not constructed of a size or material which could inadvertently or intentionally cause injury to a person or property. Signs must not be of a size that obstructs the free flow of pedestrians and must not exceed 36 inches by 36 inches in any case. A "sandwich board" sign must not extend significantly beyond the carrier's shoulders.

  11. Example – Sound Persons engaged in public communication activities who desire to use a public address system, a loudspeaker or other sound amplifying device must obtain a letter of authorization with the appropriate endorsement in accordance with 28.96.060 and 28.96.080. (Ord. 11950 § 15(part), 1995).

  12. Example – Props Persons engaging in public communication activities involving signs, boxes, receptacles, easels or other similar apparatus of any kind, must first obtain an STA Permit in accordance with the rules and procedures.

  13. Public Transit Outreach Activity Checklist • Determine Your Activity • Leafleting, public speaking, voter registration etc. • Contact Transit System Regarding Upcoming Activity • Obtain Permit if Necessary • Review Transit System Free Speech Policy and Relevant Regulations • Review Municipal and State Ordinances • Use Common Sense – Prioritize Rider Safety

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