§ 5.13.045. Free speech areas, display stands and sales of First Amendment protected expressive merchandise.

(a)

Findings and purpose:  The city finds that special events are often crowded to the extent that there is a substantial need to create reasonable time, place and manner regulations governing the placement of display stands and expressive merchandise by those exercising their First Amendment rights in or adjacent to congested special events to ensure safety, facilitate crowd movement and ensure access for emergency personnel and equipment. The city further finds that special events contribute substantially to the city's economic welfare and that event organizers, and therefore the city, have a substantial interest in protecting the event organizer's theme and the interests of the event organizer's sub-licensed commercial vendors justifying reasonable time, place and manner regulations governing the placement of expressive merchandise and display stands during special events. Free speech areas shall be located inside or immediately adjacent to special event venues where they will not unreasonably isolate speakers from the attending public or unreasonably interfere with permitted activities, crowd flow, or normal or emergency city functions.

(b)

Definitions:  

(1)

As used in this section, unless the context otherwise requires, the words and terms defined in RMC 5.14.010, including but not limited to display stand and expressive merchandise, have the meanings ascribed to them in that section.

(2)

Free speech area shall mean an area in or adjacent to a special event venue which shall be designated as a special area on special event venue maps available to the public from the city clerk, or which shall be designated by signage and physical means or markings at the special event area, wherein persons may exercise their First Amendment rights during a special event, including but not limited to using display stands and selling expressive merchandise.

(3)

Speaker shall mean a person or persons exercising their First Amendment rights in a public forum.

(c)

Special event boundaries:  As part of the application process, an event organizer applicant shall propose, and city staff shall determine, specific boundaries and entrance-exit points for the special event venue. The boundaries of the free speech area(s) shall also be determined if the city manager determines during the special event permitting process that one or more free speech areas is necessary or desirable. The public shall be provided notice of the boundaries by the time the special event is open to the public through any reasonable means, including but not limited to special event venue maps made available through the city clerk or by mechanical means at the special event venue, including but not limited to combinations such as: physical barriers, streets, signage, paint, chalk marks and geographic features such as rivers.

(d)

Expressive speech and conduct:  During special events, except as set forth hereafter in this section, expressive speech and conduct protected by the First Amendment shall be allowed in the free speech area(s) to the extent a speaker's conduct does not unreasonably interfere with the permitted activities of the special event or normal or emergency city functions.

(e)

Free speech areas:  

(1)

The city manager shall designate and modify, as reasonably necessary, the location and size of one or more free speech areas sufficient to reasonably accommodate speakers and/or event organizers desiring a free speech area(s) at a special event. To the extent reasonably feasible, the minimum number, size and locations of the free speech area(s) shall be determined in advance of the special event.

(2)

Any speaker who desires space for display stands, expressive merchandise or other expressive activity within a special event free speech area may advise the city clerk of their name, contact information and plans and the city clerk shall promptly notify the city manager's designee, who shall take the request into consideration when determining the need for special event free speech areas pursuant to the previous subsection.

(Ord. No. 6345, § 1, 9-24-14)