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

                                  5010

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, ABINANTI -- 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-- public streets and town squares -- have been replaced by large  shop-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
owners  of  shopping  malls  and  their lessees, the legislature further

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08439-01-5
              

A. 5010                             2

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

A. 5010                             3

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.