On September 11, the Eighth Circuit ruled that First Amendment activity cannot be banned inside a public park, just because the park that day is being used for a special purpose. Brian Johnson wanted to hand out free Bibles to persons attending the Twin Cities Pride festival, which is held annually in Loring Park, a 42-acre public park. Park Board rules said that anyone who wanted to hand out literature should rent a booth, but the Pride Festival officials refused to rent him a booth.
The Eighth Circuit opinion, Johnson v Minneapolis Park and Recreation Board, 12-2419, says that the alleged reason Johnson was barred from handing out Bibles, that of keeping congestion under control, is not persuasive. The vote was 2-1. The dissenter said that Johnson was free to stand outside the park and hand out Bibles near the park entrance.
Although this case was not about petitioning, the principles it sets forth would apply equally to petitioning.
Just wondering, Richard…when corporate “persons” walk corporate “dogs” in the park?
And do the corporate “dogs” have rights to free speech, too? If not, why not?
Thanks.
We have a situation like this in Erie Pennsylvania. The city has tried to ban the carrying of firearms in the city parks in violation of state law. They are trying to get around the law by arguing that there is a special event at every city park, 24 hours a day, 365 days a year.
Carrying a gun, carrying a petition – yuh, exactly the same situation. Couldn’t be any less different.
Back in the early 1990s I was petitioning in Faust Park (in a St Louis county suburban city) to get the LP on the state ballot. There was a big concert in the park and during intermissions I easily garnered lots of signatures by strolling thru the audience that was sitting on their blankets or lawn chairs.
After 20 minutes a policeman approached and ordered me to stop collecting sigs. I politely declined — and asked him for his signature!
That miffed him — and he threatened me with arrest if I didn’t stop. I told him I had a first-amendment right in a public park to petition. He said I needed permits like the concert sponsors have and that I was disturbing the peace (the patrons) by asking for sigs during the event.
I pointed out that no one is complaining except him and that folks are willing to sign as evident by the number of sigs I had already collected. I also noted that the concert organizers need permits because they’ve built a stage, have elaborate electrical systems in place, and are serving refreshments. I was merely casually talking and getting folks to sign an election petition.
He summoned the chief of police, his supervisor, and the chief listened to the officer then to me explain our point of view.
The police chief ordered the policeman away and said I may continue collecting but suggested that I be polite and not petition when the music started up again! As the original officer walked away there was a smattering of applause (I guess for me) from the crowd within earshot of the confrontation!
Turns out the encounter with the two officers attracted a lot of attention with the crowd, which made my petitioning even better from then on out!