Bill Text: NY S02241 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits an owner or operator of a shopping mall or center from unreasonably restricting any person from freely speaking or distributing written materials on or about the premises; directs such an owner or operator to publish guidelines on permissible time, place and manner of restrictions on any expressive activity; provides for a civil penalty for owners or operators who unlawfully restrict such expression.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02241 Detail]

Download: New_York-2011-S02241-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2241
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the civil rights law, in relation to the right  of  free
         speech in shopping malls
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The civil rights law is amended by adding a new section 16
    2  to read as follows:
    3    S 16. RIGHT OF FREE SPEECH IN SHOPPING MALLS.  1. NO PERSON,  FIRM  OR
    4  CORPORATION  OWNING,  OPERATING,  MANAGING, OR OTHERWISE CONTROLLING THE
    5  ADMINISTRATION OF A SHOPPING MALL OR SHOPPING CENTER SHALL  UNREASONABLY
    6  RESTRICT  ANY  PERSON  OR  PERSONS  FROM FREELY SPEAKING OR DISTRIBUTING
    7  WRITTEN MATERIALS WITHIN THE PREMISES OF THE SHOPPING MALL  OR  SHOPPING
    8  CENTER,  PROVIDED THAT SUCH PERSON SHALL BE RESPONSIBLE FOR THE ABUSE OF
    9  THIS RIGHT.
   10    2. THE OWNER OF A SHOPPING MALL OR SHOPPING CENTER SHALL ADOPT WRITTEN
   11  GUIDELINES WHICH SHALL PRESCRIBE PERMISSIBLE TIMES, PLACES AND MANNER OF
   12  RESTRICTIONS ON ANY EXPRESSIVE ACTIVITY PURSUANT TO SUBDIVISION  ONE  OF
   13  THIS SECTION.
   14    3.  FOR PURPOSES OF THIS SECTION, "SHOPPING MALL" OR "SHOPPING CENTER"
   15  SHALL MEAN PRIVATELY OWNED PROPERTY USED FOR  COMMERCIAL  ACTIVITY  THAT
   16  CONSISTS OF AN AGGREGATE OF BUILDINGS, SHOPS, STORES, RESTAURANTS, CINE-
   17  MAS  AND/OR  OTHER COMMERCIAL ESTABLISHMENTS DESIGNED TO ATTRACT MEMBERS
   18  OF THE PUBLIC FOR THE PURPOSE OF MERCHANDISING, AND WHICH ARE  CONNECTED
   19  BY  PUBLIC  AREAS  OR COMMON WALKWAYS, PLAZAS, PARKING LOTS OR BUILDINGS
   20  DESIGNED TO PROVIDE THE PUBLIC WITH ACCESS TO  THESE  COMMERCIAL  ESTAB-
   21  LISHMENTS  AND/OR  TO  PROVIDE  THE  PUBLIC  WITH AN OPPORTUNITY TO SIT,
   22  LINGER, RELAX, GATHER OR SOCIALIZE WHILE VISITING  FOR  THE  PURPOSE  OF
   23  PATRONIZING THE COMMERCIAL ESTABLISHMENTS DURING SHOPPING HOURS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07401-01-1
       S. 2241                             2
    1    4.  A  VIOLATION  OF  ANY  OF  THE PROVISIONS OF THIS SECTION SHALL BE
    2  PUNISHABLE BY THE IMPOSITION OF A CIVIL PENALTY OF  NOT  LESS  THAN  ONE
    3  HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.
    4    S  2.  This  act  shall  take  effect  on  the first of September next
    5  succeeding the date on which it shall have become a law.