05/05/1980 Meeting - Laserfiche WebLink

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asked how this decision for the location of the free speech ~ area would be made. Mr. Long responded it would be by the .., owner of the shopping center. Mr. Obie asked if they could enclose the free speech area. Mr. Long stated that they probably could do that but that would undoubtedly cause the matter to come back before the council. Mr. Obie asked if the ordinance could be written better to address this matter. Mr. Long responded if the owners select the option of creating a free speech area, they assume the area would be created in good faith. If they did not, the City would engage in detail work to prevent this kind of occurrence. Ms. Smith asked, if this ordinance were passed and then legally chall- enged, what type of litigation could occur and what approx- imate costs would be involved. Mr. Long replied that this kind of case is the kind that attracts attention of the courts. This could be held before a circuit court, State court, court of appeals, Oregon Supreme Court, on into the Federal system of District Court, Circuit Court of Appeals, and Supreme Court, or possibly directly to the Supreme Court. This would be very expensive and rough figures for State court would be $10,000 and up and for Federal court $50,000 and up. Ms. Schue asked what the free speech might consist of and what regulations management might reasonably impose. Mr. Long responded that the management would have the right to ~ determine priorities for use and to schedule groups but pri- .., marily the conduct that would be allowed would be the same sort that is allowed on a public street. Mr. Obie stated his understanding of the non-commercial distribution was that there could be no solicitation of goods or services. He asked if solicitation of a boycott for goods sold within a shopping center would be permitted. Mr. Long responded that that would be possible. Mr. Delay asked how this would affect office buildings, for example, Citizens Bank Building. Mr. Long responded he did not think the Citizens Bank Building had enough common area and according to the Planning Department, neither did the Atrium. Mr. Delay asked about the common use law that had been mentioned. Mr. Long responded that this is known as adverse possession and it would not be possible in this instance because the people are there with the owners' per- mission. . 5/5/80--12