S T A T E   O F   N E W   Y O R K
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                                  1012

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  COLTON, O'DONNELL -- read  once  and  referred  to  the  Committee  on
  Governmental Operations

AN  ACT  to amend the civil rights law, in relation to freedom of speech
  and petition in certain shopping centers and shopping malls

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  findings  and declaration. The legislature
hereby finds and declares that the ideals and  aspirations  of  American
democracy are enhanced by preserving and expanding the rights of freedom
of  speech  and  petition  guaranteed  by the United States and New York
constitutions.   However,  modern  patterns  of  settlement  and  modern
retailing  practices  have  had the unintended effect of diminishing the
opportunity to exercise such rights. Traditional forums for such  speech
--  public streets and town squares -- have been replaced by large shop-
ping centers and malls.
  The legislature further finds that  permitting  citizens  to  exercise
their  first  amendment rights has benefits for society as a whole since
it encourages debate on  public  policy  issues  and  helps  produce  an
informed  citizenry.  It  is also important that citizens have access to
information from a variety of sources concerning pressing  social  prob-
lems.  For example, the opportunity for young people to gain information
on  such  issues  as  drug  and alcohol abuse and teenage pregnancy at a
place they frequent, such as a shopping mall, can be an  important  part
of society's efforts to address these problems.
  Accordingly,  the  legislature  hereby  finds  and declares that, as a
matter of public policy, owners of shopping centers  should  be  encour-
aged,  and  in  some instances required, to permit the exercise of first
amendment activities on their premises. However, in recognition  of  the
commercial  interests  and  reasonable investment-backed expectations of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05715-01-3

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owners of shopping malls and  their  lessees,  the  legislature  further
finds  that  the exercise of first amendment rights should be subject to
reasonable time, place and manner restrictions.
  S  2.  The  civil  rights law is amended by adding a new section 16 to
read as follows:
  S 16. EXERCISE OF THE RIGHT OF FREE SPEECH AND THE RIGHT  TO  PETITION
IN  SHOPPING CENTERS. 1. DEFINITIONS.  FOR PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COMMON AREA" MEANS THAT PART OF A  SHOPPING  CENTER  OR  SHOPPING
MALL  THAT  CONSISTS OF ENTRANCES, EXITS, PASSAGEWAYS, SIDEWALKS, MALLS,
CONCOURSES AND PARKING LOTS PROVIDING ACCESS TO OR CONNECTING THE ESTAB-
LISHMENTS OF THE SHOPPING CENTER OR  SHOPPING  MALL  AND  WHICH  DO  NOT
CONSTITUTE  PART  OF  THE GROSS LEASABLE AREA OF SUCH SHOPPING CENTER OR
SHOPPING MALL.
  (B) "ESTABLISHMENT" MEANS A STORE, BANK, RESTAURANT,  THEATER,  ARCADE
OR OTHER SIMILAR TYPE FACILITY.
  (C)  "GROSS  LEASABLE  AREA"  MEANS  THE TOTAL SQUARE FOOT AREA OF ALL
ESTABLISHMENTS OF A SHOPPING CENTER OR SHOPPING MALL LEASED  OR  OFFERED
FOR  LEASE,  REGARDLESS  OF  WHETHER VACANT OR NOT, THE LOCATION OF SUCH
AREA WITHIN THE SHOPPING CENTER OR THE DURATION OF THE LEASE.
  (D) "MANAGEMENT" MEANS  ANY  PERSON,  PARTNERSHIP,  LIMITED  LIABILITY
COMPANY,  CORPORATION,  JOINT  VENTURE OR OTHER ENTITY MANAGING, OWNING,
OPERATING OR OTHERWISE CONTROLLING  THE  ADMINISTRATION  OF  A  SHOPPING
CENTER OR SHOPPING MALL.
  (E)  "SHOPPING  CENTER"  MEANS  A PRIVATELY-OWNED COMPLEX, ENCLOSED OR
OTHERWISE, CONSISTING OF AT LEAST TEN ESTABLISHMENTS IN  WHICH  MERCHAN-
DISE  IS  SOLD  AT RETAIL, WHICH GRANTS ACCESS TO THE GENERAL PUBLIC AND
WHICH, INCLUDING COMMON AREAS, HAS AT LEAST ONE HUNDRED THOUSAND  SQUARE
FEET OF GROSS LEASABLE AREA.
  (F) "SHOPPING MALL" MEANS A PRIVATELY-OWNED, ENCLOSED COMPLEX CONSIST-
ING OF AT LEAST TWENTY ESTABLISHMENTS, WHICH GRANTS ACCESS TO THE GENER-
AL  PUBLIC  AND  WHICH, INCLUDING COMMON AREAS, HAS AT LEAST TWO HUNDRED
FIFTY THOUSAND SQUARE FEET OF GROSS LEASABLE AREA.
  2. SHOPPING CENTER ACCOMMODATION PLANS. (A) THE  MANAGEMENT  OF  EVERY
SHOPPING  CENTER  SHALL  PREPARE AN ACCOMMODATION PLAN SETTING FORTH THE
SHOPPING CENTER'S POLICY WITH REGARD TO THE EXERCISE  OF  THE  RIGHT  OF
FREE  SPEECH  AND THE RIGHT TO PETITION. WHERE THE EXERCISE OF THE RIGHT
OF FREE SPEECH AND THE RIGHT TO PETITION IS  PERMITTED  BY  ANY  PERSON,
SUCH EXERCISE BY ANY OTHER PERSON SHALL ALSO BE PERMITTED. TO THE EXTENT
THE MANAGEMENT OF A SHOPPING CENTER DOES NOT PERMIT THE EXERCISE OF SUCH
RIGHTS, THE PLAN SHALL SET FORTH THE REASONABLE REASONS FOR SUCH POLICY.
  (B)  IF  THE  MANAGEMENT  OF A SHOPPING CENTER ESTABLISHES AN ACCOMMO-
DATION PLAN THAT PERMITS THE EXERCISE OF THE RIGHT OF  FREE  SPEECH  AND
THE  RIGHT TO PETITION, THE MANAGEMENT OF THE SHOPPING CENTER MAY ESTAB-
LISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONSISTENT  WITH  THE
PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION.
  (C)  THE  MANAGEMENT  OF EACH SHOPPING CENTER SHALL POST A COPY OF ITS
ACCOMMODATION PLAN ON THE DISPLAY SPACE REQUIRED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION.  UPON EACH REQUEST THEREFOR, THE MANAGEMENT  SHALL
MAKE AVAILABLE A COPY OF SUCH ACCOMMODATION PLAN FREE OF CHARGE.
  3.  ACCESS  TO  SHOPPING  MALLS. (A) SUBJECT TO THE PROVISIONS OF THIS
SUBDIVISION, EVERY PERSON SHALL HAVE THE RIGHT OF FREE SPEECH  AND  FREE
EXPRESSION,  INCLUDING  THE  RIGHT  TO PETITION, IN THE COMMON AREA OF A
SHOPPING MALL, PROVIDED THAT SUCH EXPRESSIVE ACTIVITIES DO NOT INTERFERE
WITH THE FREE FLOW OF PEDESTRIAN  TRAFFIC.  SUCH  EXPRESSIVE  ACTIVITIES
SHALL  INCLUDE  THE RIGHT TO WEAR CLOTHING, BUTTONS, ARM BANDS AND OTHER

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FORMS OF SYMBOLIC EXPRESSION THAT CONVEY  AN  IDEOLOGICAL  OR  POLITICAL
POINT OF VIEW.
  (B)  THE  MANAGEMENT OF A SHOPPING MALL MAY ESTABLISH REASONABLE TIME,
PLACE AND MANNER REGULATIONS GOVERNING THE USE OF  A  SHOPPING  MALL  BY
PERSONS   WISHING  TO  EXERCISE  THE  RIGHT  OF  FREE  SPEECH  AND  FREE
EXPRESSION, INCLUDING  THE  RIGHT  TO  PETITION.  SUCH  REGULATIONS  MAY
INCLUDE,  BUT  ARE NOT LIMITED TO: (I) REQUIRING A PRIOR APPLICATION FOR
ORGANIZED GATHERINGS OF TWENTY OR  MORE  PERSONS,  PROVIDED  THAT  THERE
SHALL BE AN EXPEDITIOUS REVIEW OF EVERY SUCH APPLICATION; (II) DESIGNAT-
ING  CERTAIN  PORTIONS OF THE COMMON AREA OF THE MALL TO BE USED FOR THE
EXERCISE OF SUCH RIGHTS, PROVIDED, HOWEVER, THAT  THE  MANAGEMENT  OF  A
SHOPPING  MALL SHALL DESIGNATE FOR SUCH USE AT LEAST TWENTY-FIVE PERCENT
OF SUCH COMMON AREA; (III) LIMITING THE USE OF MALL  FACILITIES  IF  THE
EXERCISE OF SUCH RIGHTS WOULD INTERFERE WITH THE FREE FLOW OF PEDESTRIAN
TRAFFIC;  (IV) LIMITING THE NUMBER OF PERSONS PARTICIPATING IN THE EXER-
CISE OF SUCH ACTIVITIES; (V) RESTRICTIONS ON THE ON-SITE SOLICITATION OF
MONEY; (VI) RESTRICTIONS  ON  LITTERING,  FIGHTING  AND  MAKING  OBSCENE
GESTURES;  AND  (VII)  RESTRICTIONS  ON THE USE OF LIGHTS, LOUDSPEAKERS,
CAMERAS, MUSICAL INSTRUMENTS, TELEVISION  SETS  OR  RADIOS.  SUCH  REGU-
LATIONS  SHALL  NOT  DISCRIMINATE  BASED ON THE POLITICAL OR IDEOLOGICAL
CONTENT OF THE SPEECH OR EXPRESSIVE ACTIVITIES NOR SHALL THEY BE APPLIED
TO PROMOTE OR UNDERMINE A PARTICULAR POLITICAL OR IDEOLOGICAL  POINT  OF
VIEW.
  (C) NO PERSON SHALL BE REQUIRED TO POST A BOND OR MAKE ANY PAYMENT FOR
THE  EXERCISE  OF THE RIGHT OF FREEDOM OF SPEECH OR THE RIGHT OF FREEDOM
TO PETITION IN THE COMMON AREA OF A SHOPPING  MALL;  PROVIDED,  HOWEVER,
THAT  THE  MANAGEMENT OF A SHOPPING MALL MAY REQUIRE PERSONS TO CLEAN UP
LITTER OR OTHER DEBRIS RESULTING FROM THE USE OF THE SHOPPING  MALL  AND
MAY  DENY  FUTURE  ACCESS OR REQUIRE A BOND IF THE PERSON USING THE MALL
HAS DEMONSTRATED A FAILURE TO CLEAN UP LITTER OR  DEBRIS  IN  CONNECTION
WITH A PRIOR USE OF THE SHOPPING MALL.
  4.  SPACE FOR POSTING. THE MANAGEMENT OF EVERY SHOPPING MALL AND SHOP-
PING CENTER SHALL MAKE AVAILABLE, PURSUANT  TO  REGULATIONS  ADOPTED  BY
IT,  DISPLAY SPACE READILY ACCESSIBLE TO PEDESTRIAN TRAFFIC IN THE SHOP-
PING MALL OR SHOPPING CENTER FOR THE POSTING  OF  ANNOUNCEMENTS,  PUBLIC
SERVICE  MESSAGES, PROCLAMATIONS, PAMPHLETS AND OTHER SUCH MATERIAL. THE
MANAGEMENT OF A SHOPPING CENTER OR SHOPPING MALL SHALL NOT PROHIBIT  THE
POSTING  OF  MATERIAL ON THE BASIS OF CONTENT EXCEPT WHERE SUCH PROHIBI-
TION IS OTHERWISE CONSISTENT WITH CONSTITUTIONAL PRINCIPLES RELATING  TO
FREEDOM OF SPEECH.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.