ACLU Reaches Interim Agreement Allowing Free Speech in Parks

The Maryland ACLU has reached an interim agreement with Park and Planning allowing political campaigning in parks. The new agreement suspends rules requiring permits for gathering petition signatures, interviewing people or carrying signs on parkland. County Council candidate Robin Ficker and the ACLU challenged those rules after Ficker was stopped by Park Police while campaigning on July 4. We reprint the interim agreement below.

Notice 09-__

Indefinite Suspension of Enforcement of Certain Park Rules and Regulations

Date: October 20, 2009

I. Declaration of Suspended Enforcement

The Maryland-National Capital Park and Planning Commission (“Commission”) has suspended all administrative, civil or criminal enforcement actions or activities predicated on the provisions of certain Commission Park Rules and Regulations (the “Regulations”) enumerated as follows:

A) Chapter III, Section 3.A (2) (Permits):

No permit shall be required for the solicitation of petition signatures outside of any park structure or building; provided such solicitation does not obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.

B) Chapter III, Section 3.A (4) (Permits):

No permit shall be required for conducting surveys, interviews or polls outside of any park structure or building for any non-commercial purpose; provided such conduct does not obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.

C) Chapter V, Section 10 (Carrying Signs and Picketing):

No permit shall be required for carrying signs or picketing by 25 or less individuals outside of any park structure or building; provided the signs do not obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.

Note: Attaching or posting of notices, signs, or any other objects on Commission Property is prohibited except by permit.

II. Authority.

This notice is issued jointly by the Executive Director pursuant to the authority of Commission Practice No. ____, by the Director of the Montgomery County Department of Parks, and by the Director of the Prince George’s County Department of Parks and Recreation, respectively, pursuant to the authority under the Regulations at Section 2 (B).

III. Effective Date.

This Notice is effective immediately and until further notice issued to modify, supersede or revoke it.




_________________________________
Oscar Rodriguez
Executive Director
Maryland-National Capital Park and Planning Commission



_________________________________
Mary _. Bradford
Director
Montgomery County Department of Parks
Maryland-National Capital Park and Planning Commission


_________________________________
Ronnie Gathers
Director
Prince George’s Department of Parks and Recreation
Maryland-National Capital Park and Planning Commission