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untanglingwebs
El Supremo
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The county prevents political activities within their buildings and een called city hall telling them to get petition takers out of city hall.
But public land is another issue and the lawn of city hall and other public buildings have traditionally been used for such public purposes. Personally I think Burton is overstepping their authority.
ACLU may challenge Burton resolution banning collection of petition signatures
Published: Monday, July 04, 2011, 3:00 PM Updated: Monday, July 04, 2011, 7:23 PM
By Roberto Acosta | Flint Journal The Flint Journal
BURTON, Michigan — The city has banned the collection of petition signatures in city buildings, a move that the American Civil Liberties Union says might violate the constitutional right to free speech.
And one political activist said he has contacted a civil rights lawyer about the issue.
“If they were to infringe on what our constitutionally protected free speech rights are, then we would have to do something,” said Tom Bryant, Genesee County team captain for the Committee to Recall Rick Snyder.
The Burton resolution, passed June 20, comes after activists who are participating in separate recall efforts to recall Snyder, Michigan’s governor, and President Obama had asked to conduct their campaigns or set up petition signature stations in city buildings or on city-owned property.
Clerk Julie Adams received a call in her office in the last three weeks from someone asking to place a large sign out by Davison Roadside Park for the Snyder recall campaign and collect signatures.
“I don’t care whose it is,” said Mayor Paula Zelenko. “We just can’t have this type of activity going on at our public buildings.”
Other buildings covered in the resolution include the city’s three fire stations, two libraries, police and fire administration building, and the Burton Senior Center.
Public lands, such as parks, fall under the prohibition if the gathering “shall cause or create disruption or interruption of the intended use of the public property.”
City Attorney Richard Austin said people are not being restricted from city property, but signature gatherers have begun to “set up camp or set up shop and collect signatures.”
But Greg Gibbs, president of the Greater Flint ACLU chapter, said he has an issue with the resolution’s language.
“(The resolution) singles out political activity and it does not address other forms of petitioning or other expression,” he said.
“The government is regulating the content of the speech,” he said. “When it comes to political speech, there is no right to regulate the content of the speech. The First Amendment bars that.”
The resolution also prohibits those running for office from gathering signatures on nominating positions, said Council President Steve Heffner.
“I just think that takes a lot of confusion out of City Hall, especially now that we are understaffed, and there’s so many other places where they can get signatures being in one place,” he said.
“It’s not like we want to stop anybody from doing what they want to do that way... We are just trying to keep some order.”
Gibbs said the provisions for banning signature collection in parks and on other public land is especially alarming.
“When it comes to public forums, parks, sidewalks, the First Amendment is at the very height of its protection,” Gibbs said.
“It appears to give government authorities the discretion to decide whether or not the petitioning itself is offensive to someone rather than disruptive. “If they are just trying to express an opinion that offends other people, I’m not sure that’s disruptive.”
Heffner said the resolution does not include sidewalks or right-of-ways.
Signature gatherers could be asked to leave public buildings or land, Austin said. If they refuse to leave, police may be called and violators could face a trespassing charge.
Austin said it’s not the city’s intent to arrest or prosecute anyone based on the resolution.
Regardless of their intentions, Gibbs said possible persecution or prosecution might lead petition gatherers away from the city.
“(We hope) that the city attorney would take a second look at it and rescind it,” he said. |
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Tue Jul 05, 2011 11:11 am |
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untanglingwebs
El Supremo
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Burton council rescinds signature resolution, approves new version
Published: Tuesday, July 05, 2011, 9:58 PM Updated: Tuesday, July 05, 2011, 9:58 PM
By Roberto Acosta | Flint Journal The Flint Journal
BURTON, Michigan -- Burton council members approved removing a paragraph concerning public lands from a resolution banning gathering of political signatures.
A 6-to-1 vote allowed for the removal of a stipulation asking signature gatherers to leave public lands if a disturption was caused.
Those petitioners looking to collect signatures will still be prohibited from doing so inside public buildings, as was stated in the previous resolution.
City attorney Richard Austin said comments from Greg Gibbs, president of the Greater Flint Chapter of the American Civil Liberties Union prompted the change.
Gibbs had argued prohibiting collection of signatures on public lands, including parks, may be a violation of constitutional rights.
"It is that very paragraph that has been a great topic of conversation," said Austin. "His concerns dealt with and focused on that very last paragraph."
The idea began after calls regarding signature gathering and petitioners were at City Hall and the Burton Senior Center.
Councilman Danny Wells, who cast the lone vote against the resolution, said "I think we're courting trouble saying no you can't" and protections are already in place to deal with disruptions.
"If they are in an orderly process just getting petitions signed, they have a right to do that," he said. "I think we're setting ourself up for some problems and lawsuits down the road."
Austin said he's found similar resolutions in other states that made him secure in presenting the revised resolution.
Councilwoman Ellen Ellenburg was glad to see the resolution passed.
"I see this working out," she said. "They can just as easily get signatures outside as inside the building.
Related topics: Burton
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Wed Jul 06, 2011 8:12 am |
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