Transcript Public Engagement - Amalgamated Transit Union

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
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.
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.
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.
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.
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.
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)
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.
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.
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).
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.
Public Transit Outreach Activity
Checklist
1.
Determine Your Activity
i.
Leafleting, public speaking, voter registration etc.
2. Contact Transit System Regarding Upcoming Activity
3. Obtain Permit if Necessary
4. Review Transit System Free Speech Policy and Relevant
Regulations
5. Review Municipal and State Ordinances
6. Use Common Sense – Prioritize Rider Safety