City of Columbus - File #: 1698-2004

• File #: 1698-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 9/16/2004
• In control: Rules & Reference Committee
• On agenda: 11/29/2004
• Final action: 12/1/2004
• Title: To amend Title 2 of the Columbus City Codes, 1959, by enacting new Chapter 227, which provides for the public use of City Hall grounds.
• Sponsors: Matthew D. Habash

Date	Ver.	Action By	Action	Result
12/1/2004	1	ACTING CITY CLERK	Attest
11/30/2004	1	MAYOR	Signed
11/29/2004	1	Columbus City Council	Read for the First Time
11/29/2004	1	Columbus City Council	Waive the 2nd Reading	Pass
11/29/2004	1	Columbus City Council	Approved	Pass
11/29/2004	1	COUNCIL PRESIDENT	Signed
11/22/2004	1	Atty Drafter	Sent to Clerk's Office for Council
10/29/2004	1	City Clerk's Office	Sent back for Clarification/Correction
10/27/2004	1	Mayor Reviewer	Reviewed and Approved
10/27/2004	1	Atty Drafter	Sent for Approval
10/27/2004	1	CITY ATTORNEY	Reviewed and Approved
10/27/2004	1	Atty Drafter	Sent to Clerk's Office for Council
9/16/2004	1	Atty Drafter	Sent for Approval

Explanation

The City permits the use of certain portions of City Hall grounds for public assemblages and events. In order to ensure that this is done in a manner that allows for the exercise of First Amendment rights while protecting significant governmental interests such as the public safety and the conduct of government business, it is necessary to establish narrowly tailored and content-neutral time, place and manner restrictions. The purpose of this ordinance is to establish a process for obtaining a permit to use designated portions of City Hall grounds and the applicable time, place and manner restrictions. Particular attention has been given to draft an ordinance in light of the recent decisions of the Sixth Circuit Court of Appeals in this area.


Title

To amend Title 2 of the Columbus City Codes, 1959, by enacting new Chapter 227, which provides for the public use of City Hall grounds.


Body

WHEREAS, access to public fora is essential to allow and promote a free, democratic society through the exercise of First Amendment rights; and,

WHEREAS, in order to provide for the public use of City Hall grounds it is necessary to establish a process and guidelines to facilitate that use in a safe, secure, orderly and fair manner that is consistent with the First Amendment;

WHEREAS, the Sixth Circuit Court of Appeals' decisions in Spingola v. Village of Granville, 2002 WL 1491874 (July 11, 2002) and Parks v. Finan, --F.3d--, 2004 WL 2169413 (Sept. 29, 2004), have provided guidance on what type of time, place and manner restrictions comport with the First Amendment, now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That Columbus City Codes Chapter 227, entitled "Public Use of City Hall Grounds," be and hereby is enacted as follows:

Chapter 227 Public Use of City Hall Grounds

Section 227.01 Definitions

As used in Chapter 227 of the Columbus City Codes:

A. "City Hall" shall mean the bu...