Bill Text: NY A02660 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the civil rights law, in relation to freedom of speech and petition in certain shopping centers and shopping malls
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A02660 Detail]
Download: New_York-2009-A02660-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2660 2009-2010 Regular Sessions I N A S S E M B L Y January 21, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT, P. RIVERA, McENENY -- Multi-Spon- sored by -- M. of A. COLTON, O'DONNELL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to freedom of speech and petition in certain shopping centers and shopping malls THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declaration. The legislature 2 hereby finds and declares that the ideals and aspirations of American 3 democracy are enhanced by preserving and expanding the rights of freedom 4 of speech and petition guaranteed by the United States and New York 5 constitutions. However, modern patterns of settlement and modern 6 retailing practices have had the unintended effect of diminishing the 7 opportunity to exercise such rights. Traditional forums for such speech 8 -- public streets and town squares -- have been replaced by large shop- 9 ping centers and malls. 10 The legislature further finds that permitting citizens to exercise 11 their first amendment rights has benefits for society as a whole since 12 it encourages debate on public policy issues and helps produce an 13 informed citizenry. It is also important that citizens have access to 14 information from a variety of sources concerning pressing social prob- 15 lems. For example, the opportunity for young people to gain information 16 on such issues as drug and alcohol abuse and teenage pregnancy at a 17 place they frequent, such as a shopping mall, can be an important part 18 of society's efforts to address these problems. 19 Accordingly, the legislature hereby finds and declares that, as a 20 matter of public policy, owners of shopping centers should be encour- 21 aged, and in some instances required, to permit the exercise of first 22 amendment activities on their premises. However, in recognition of the 23 commercial interests and reasonable investment-backed expectations of 24 owners of shopping malls and their lessees, the legislature further EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06205-01-9 A. 2660 2 1 finds that the exercise of first amendment rights should be subject to 2 reasonable time, place and manner restrictions. 3 S 2. The civil rights law is amended by adding a new section 16 to 4 read as follows: 5 S 16. EXERCISE OF THE RIGHT OF FREE SPEECH AND THE RIGHT TO PETITION 6 IN SHOPPING CENTERS. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE 7 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 8 (A) "COMMON AREA" MEANS THAT PART OF A SHOPPING CENTER OR SHOPPING 9 MALL THAT CONSISTS OF ENTRANCES, EXITS, PASSAGEWAYS, SIDEWALKS, MALLS, 10 CONCOURSES AND PARKING LOTS PROVIDING ACCESS TO OR CONNECTING THE ESTAB- 11 LISHMENTS OF THE SHOPPING CENTER OR SHOPPING MALL AND WHICH DO NOT 12 CONSTITUTE PART OF THE GROSS LEASABLE AREA OF SUCH SHOPPING CENTER OR 13 SHOPPING MALL. 14 (B) "ESTABLISHMENT" MEANS A STORE, BANK, RESTAURANT, THEATER, ARCADE 15 OR OTHER SIMILAR TYPE FACILITY. 16 (C) "GROSS LEASABLE AREA" MEANS THE TOTAL SQUARE FOOT AREA OF ALL 17 ESTABLISHMENTS OF A SHOPPING CENTER OR SHOPPING MALL LEASED OR OFFERED 18 FOR LEASE, REGARDLESS OF WHETHER VACANT OR NOT, THE LOCATION OF SUCH 19 AREA WITHIN THE SHOPPING CENTER OR THE DURATION OF THE LEASE. 20 (D) "MANAGEMENT" MEANS ANY PERSON, PARTNERSHIP, LIMITED LIABILITY 21 COMPANY, CORPORATION, JOINT VENTURE OR OTHER ENTITY MANAGING, OWNING, 22 OPERATING OR OTHERWISE CONTROLLING THE ADMINISTRATION OF A SHOPPING 23 CENTER OR SHOPPING MALL. 24 (E) "SHOPPING CENTER" MEANS A PRIVATELY-OWNED COMPLEX, ENCLOSED OR 25 OTHERWISE, CONSISTING OF AT LEAST TEN ESTABLISHMENTS IN WHICH MERCHAN- 26 DISE IS SOLD AT RETAIL, WHICH GRANTS ACCESS TO THE GENERAL PUBLIC AND 27 WHICH, INCLUDING COMMON AREAS, HAS AT LEAST ONE HUNDRED THOUSAND SQUARE 28 FEET OF GROSS LEASABLE AREA. 29 (F) "SHOPPING MALL" MEANS A PRIVATELY-OWNED, ENCLOSED COMPLEX CONSIST- 30 ING OF AT LEAST TWENTY ESTABLISHMENTS, WHICH GRANTS ACCESS TO THE GENER- 31 AL PUBLIC AND WHICH, INCLUDING COMMON AREAS, HAS AT LEAST TWO HUNDRED 32 FIFTY THOUSAND SQUARE FEET OF GROSS LEASABLE AREA. 33 2. SHOPPING CENTER ACCOMMODATION PLANS. (A) THE MANAGEMENT OF EVERY 34 SHOPPING CENTER SHALL PREPARE AN ACCOMMODATION PLAN SETTING FORTH THE 35 SHOPPING CENTER'S POLICY WITH REGARD TO THE EXERCISE OF THE RIGHT OF 36 FREE SPEECH AND THE RIGHT TO PETITION. WHERE THE EXERCISE OF THE RIGHT 37 OF FREE SPEECH AND THE RIGHT TO PETITION IS PERMITTED BY ANY PERSON, 38 SUCH EXERCISE BY ANY OTHER PERSON SHALL ALSO BE PERMITTED. TO THE EXTENT 39 THE MANAGEMENT OF A SHOPPING CENTER DOES NOT PERMIT THE EXERCISE OF SUCH 40 RIGHTS, THE PLAN SHALL SET FORTH THE REASONABLE REASONS FOR SUCH POLICY. 41 (B) IF THE MANAGEMENT OF A SHOPPING CENTER ESTABLISHES AN ACCOMMO- 42 DATION PLAN THAT PERMITS THE EXERCISE OF THE RIGHT OF FREE SPEECH AND 43 THE RIGHT TO PETITION, THE MANAGEMENT OF THE SHOPPING CENTER MAY ESTAB- 44 LISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONSISTENT WITH THE 45 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION. 46 (C) THE MANAGEMENT OF EACH SHOPPING CENTER SHALL POST A COPY OF ITS 47 ACCOMMODATION PLAN ON THE DISPLAY SPACE REQUIRED PURSUANT TO SUBDIVISION 48 FOUR OF THIS SECTION. UPON EACH REQUEST THEREFOR, THE MANAGEMENT SHALL 49 MAKE AVAILABLE A COPY OF SUCH ACCOMMODATION PLAN FREE OF CHARGE. 50 3. ACCESS TO SHOPPING MALLS. (A) SUBJECT TO THE PROVISIONS OF THIS 51 SUBDIVISION, EVERY PERSON SHALL HAVE THE RIGHT OF FREE SPEECH AND FREE 52 EXPRESSION, INCLUDING THE RIGHT TO PETITION, IN THE COMMON AREA OF A 53 SHOPPING MALL, PROVIDED THAT SUCH EXPRESSIVE ACTIVITIES DO NOT INTERFERE 54 WITH THE FREE FLOW OF PEDESTRIAN TRAFFIC. SUCH EXPRESSIVE ACTIVITIES 55 SHALL INCLUDE THE RIGHT TO WEAR CLOTHING, BUTTONS, ARM BANDS AND OTHER A. 2660 3 1 FORMS OF SYMBOLIC EXPRESSION THAT CONVEY AN IDEOLOGICAL OR POLITICAL 2 POINT OF VIEW. 3 (B) THE MANAGEMENT OF A SHOPPING MALL MAY ESTABLISH REASONABLE TIME, 4 PLACE AND MANNER REGULATIONS GOVERNING THE USE OF A SHOPPING MALL BY 5 PERSONS WISHING TO EXERCISE THE RIGHT OF FREE SPEECH AND FREE 6 EXPRESSION, INCLUDING THE RIGHT TO PETITION. SUCH REGULATIONS MAY 7 INCLUDE, BUT ARE NOT LIMITED TO: (I) REQUIRING A PRIOR APPLICATION FOR 8 ORGANIZED GATHERINGS OF TWENTY OR MORE PERSONS, PROVIDED THAT THERE 9 SHALL BE AN EXPEDITIOUS REVIEW OF EVERY SUCH APPLICATION; (II) DESIGNAT- 10 ING CERTAIN PORTIONS OF THE COMMON AREA OF THE MALL TO BE USED FOR THE 11 EXERCISE OF SUCH RIGHTS, PROVIDED, HOWEVER, THAT THE MANAGEMENT OF A 12 SHOPPING MALL SHALL DESIGNATE FOR SUCH USE AT LEAST TWENTY-FIVE PERCENT 13 OF SUCH COMMON AREA; (III) LIMITING THE USE OF MALL FACILITIES IF THE 14 EXERCISE OF SUCH RIGHTS WOULD INTERFERE WITH THE FREE FLOW OF PEDESTRIAN 15 TRAFFIC; (IV) LIMITING THE NUMBER OF PERSONS PARTICIPATING IN THE EXER- 16 CISE OF SUCH ACTIVITIES; (V) RESTRICTIONS ON THE ON-SITE SOLICITATION OF 17 MONEY; (VI) RESTRICTIONS ON LITTERING, FIGHTING AND MAKING OBSCENE 18 GESTURES; AND (VII) RESTRICTIONS ON THE USE OF LIGHTS, LOUDSPEAKERS, 19 CAMERAS, MUSICAL INSTRUMENTS, TELEVISION SETS OR RADIOS. SUCH REGU- 20 LATIONS SHALL NOT DISCRIMINATE BASED ON THE POLITICAL OR IDEOLOGICAL 21 CONTENT OF THE SPEECH OR EXPRESSIVE ACTIVITIES NOR SHALL THEY BE APPLIED 22 TO PROMOTE OR UNDERMINE A PARTICULAR POLITICAL OR IDEOLOGICAL POINT OF 23 VIEW. 24 (C) NO PERSON SHALL BE REQUIRED TO POST A BOND OR MAKE ANY PAYMENT FOR 25 THE EXERCISE OF THE RIGHT OF FREEDOM OF SPEECH OR THE RIGHT OF FREEDOM 26 TO PETITION IN THE COMMON AREA OF A SHOPPING MALL; PROVIDED, HOWEVER, 27 THAT THE MANAGEMENT OF A SHOPPING MALL MAY REQUIRE PERSONS TO CLEAN UP 28 LITTER OR OTHER DEBRIS RESULTING FROM THE USE OF THE SHOPPING MALL AND 29 MAY DENY FUTURE ACCESS OR REQUIRE A BOND IF THE PERSON USING THE MALL 30 HAS DEMONSTRATED A FAILURE TO CLEAN UP LITTER OR DEBRIS IN CONNECTION 31 WITH A PRIOR USE OF THE SHOPPING MALL. 32 4. SPACE FOR POSTING. THE MANAGEMENT OF EVERY SHOPPING MALL AND SHOP- 33 PING CENTER SHALL MAKE AVAILABLE, PURSUANT TO REGULATIONS ADOPTED BY 34 IT, DISPLAY SPACE READILY ACCESSIBLE TO PEDESTRIAN TRAFFIC IN THE SHOP- 35 PING MALL OR SHOPPING CENTER FOR THE POSTING OF ANNOUNCEMENTS, PUBLIC 36 SERVICE MESSAGES, PROCLAMATIONS, PAMPHLETS AND OTHER SUCH MATERIAL. THE 37 MANAGEMENT OF A SHOPPING CENTER OR SHOPPING MALL SHALL NOT PROHIBIT THE 38 POSTING OF MATERIAL ON THE BASIS OF CONTENT EXCEPT WHERE SUCH PROHIBI- 39 TION IS OTHERWISE CONSISTENT WITH CONSTITUTIONAL PRINCIPLES RELATING TO 40 FREEDOM OF SPEECH. 41 S 3. Severability. If any clause, sentence, paragraph, section or part 42 of this act shall be adjudged by any court of competent jurisdiction to 43 be invalid, such judgment shall not affect, impair or invalidate the 44 remainder thereof, but shall be confined in its operation to the clause, 45 sentence, paragraph, section or part thereof directly involved in the 46 controversy in which such judgment shall have been rendered. 47 S 4. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law.