1994 AGN APR 05 I35 - Laserfiche WebLink

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AGENDA REPORT CITY OF COLTON For City Council Meeting of April 5, 1994 March 31, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Julie Hayward Biggs, City Attor 1p SUBJECT: Resolution Regarding Placement of Printed Materials in City Buildings As you requested, I have prepared the attached Resolution prohibiting placement of printed materials for distribution to the public within City Hall by private individuals or organizations. You should note that this Resolution applies to all such printed material, not simply to newspapers. Because of constitutional limitations relating to freedom of speech and potential censorship issues, it is essential that the City policy with regard to such printed materials be content neutral. It is well established that the City may control use of City -owned facilities even if some restrictions are imposed on speech. "Even protected speech is not equally permissible in all places and at all times. Nothing in the Constitution requires the Government freely to grant access to all who wish to exercise their right to free speech on every type of Government property without regard to the nature of the property or to the disruption that might be caused by the speaker's activities. Recognizing the Government, 'no less than a private owner of property has power to preserve the property under its control for the use to which it is lawfully dedicated,' the Court has adopted a forum analysis as a means of determining when the Government's interest in limiting the use of its property to its intended purpose outweighs the interest of those wishing to the property for other purposes. Accordingly, the extent to which the Government can control access depends on the nature of the relevant forum." Cornelius v. NAACP and Education Fund, (1985) 473 U.S. 788, 799- 800, cited in Clark v. Burleigh, (1992) 4 Cal. 4th 474, 482, reh'g denied (1993). It is clear that the general administrative buildings of the City and its recreational facilities and corporate yard are intended to be used for purposes other than a public forum. City Council Chambers, however, are clearly intended for use as a public forum and during such time as those facilities are being used for that purpose, no restriction on the distribution of non- commercial printed materials may be imposed in that area. Nevertheless, regulation of speech, whether oral or written, to preserve areas for their intended use within city buildings that are