Ordinance No. 18617 - Laserfiche WebLink

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VETO free speech areas are set up, it is solely at~the option of the shopping center manager. There is reason to suggest that such free speech areas will increase the commercial success of mall businesses hand the value of commercial leases to the shopping center owners by keeping shoppers in the mall for longer periods thus increasing the chance of further shopping and purchases. There has been no demonstration in the record here that such free speech areas which confine to a specific area this type of activity will impair pedestrian traffic or discourage shopper atten- dance. There are presently many demonstrations, displays, and exhibits which use these mall areas. These activities which are voluntarily assumed by the mall owners do not hurt sales, impede traffic, or lower the value of such shopping centers. No evidence has been presented which distinguishes the effects of free speech areas from the effects of the displays and exhibits and shows. 12. we are not limiting the right of a private property owner to exclude persons from his or her property. But if prop- erty has been opened as a place of public accommodation a choice has been made which is revocable nat to exclude the public. Having made that choice it is appropriate for government to say as part of its ability to regulate commerce that such a person cannot selectively invite and exclude blacks, Jews and other discreet groups. This ordinance forbids another type of discrimination--a discrimination based purely on the content of speech. If shopping centers voluntarily allow the public and certain conduct and speech. in their mall areas as they have done here, they open them- selves up to allowing all reasonable speech which does not impede their businesses. l3. The City has prosecuted trespasses in the past based on speech conduct in shopping center malls.. The passage of this ordi- nance will save the City the police and judicial costs of this type of prosecution. The City is not regulating property but dealing with City fiscal expenditures and saying only that certain conduct will not be a municipal crime. DATED this day of May, 1984. Mayor City Recorder Findings ~- 3.