STAFF REPORT
Meeting Date: August 20, 2024
To: Honorable Mayor & City Council
From: Nancy Hunt-Coffey, City Manager
Stephanie Harris, Director of Community Services
Subject: Discussion of Free Speech Zones at Events Hosted by the City of Beverly Hills
Attachments: None
INTRODUCTION
Staff recommends the implementation of a free speech zone at City of Beverly Hills hosted events. A free speech zone will allow individuals to exercise their right to freedom of speech (campaigning, canvassing, protesting, solicitation, etc.) without interference with the scheduled event and will ensure crowd control, traffic control, and public safety.
The free speech zone would be made available at each event for the duration of the event. The City would provide signage, tables and chairs based on the scale of the event. This item seeks City Council direction on pursuing the adoption of an ordinance to establish and implement a free speech zone during events hosted by the City.
DISCUSSION
A free speech zone can provide a non-disruptive opportunity for members of the public to communicate their messages at a City hosted event. The free speech zone is for the purpose of communicating ideas through speech. The reasonable number of people able to use the free speech zone will vary based on the event space and available resources.
This reasonable number will be determined by the Director of Community Services, or their designee. Regulations for the free speech zone shall be narrowly tailored to meet substantial government interests, which include crowd control, traffic control, and public safety. The rules related to a particular event’s free speech zone will be made available in conjunction with the event.
Currently, some events hosted by the City include rules related to “incompatible activities.” For example, the Beverly Hills Farmer’s Market has rules prohibiting the following activities: campaigning for or against any electoral candidate or ballot measure; campaigning for election to any public office; circulating an initiative or referendum petition; unauthorized solicitation; and commercial photography or videotaping.
The free-speech zone will permit individuals to engage in “incompatible activities” during an event. “Incompatible activities” will include solicitation, campaigning, protesting, and canvassing. The intent of a free speech zone would be to provide a space for individuals Meeting Date: August 20, 2024
to engage in “incompatible activities,” regardless of the content or viewpoint of their speech, without interfering with the event and participants who are in attendance. Further, the free speech zone would allow for members of the public to exercise their right to freedom of speech without engaging in activities that obstruct or impede pedestrians or vehicles or harass bystanders with physical contact.
Typically, the events hosted by the City have limited space for pedestrian traffic flow and the entertainment/presentation for the event. The courts have determined that the safety of citizens at these events is a substantial government interest. The establishment of a free speech zone balances the substantial governmental interest in a safe event, and citizens’ ability to exercise their right to freedom of speech at the public event.
The free speech zone shall be available on a first-come-first-serve basis during events and members of the public may utilize the free speech zone throughout the entire event.
Members of the public shall be permitted to use the free speech zone once per month per event. A sign-up sheet will be made available in the free speech zone with the allocated number of spaces available for the free speech zone. Staff will keep track of the sign-in sheets to ensure members are using the space only once per month per event. However, if there are no other members in the free speech zone for the duration of the event, a person may re-use the free speech zone within the same month.
The use of mechanical loudspeakers or sound amplification devices (including megaphones, bullhorns, and electric amplifiers) in the free speech zone would be prohibited. Violation of these rules should include the penalty of: (1) a warning indicating violation of the rules regarding the free-speech zone; (2) after the warning, if there is continued violation of the rules, expulsion from the event for the remainder of the event.
Members of the public who are expelled and refuse to leave the event shall be subject to the penalties and punishment of Title 1, Chapter 3 of the Municipal Code.
FISCAL IMPACT
There is no fiscal impact currently. The cost of signage, tables, sign in sheets, and other miscellaneous items for a free speech zone at City hosted events will be absorbed in the department’s operating budget.
RECOMMENDATION
Staff recommends the City Council provide direction on pursuing the adoption of an ordinance to establish and implement a free speech zone during events hosted by the City.
Stephanie Harris,
Director of Community Services
Approved By