petitioning laws

[r.hawthorne]

What is the name of your state (only U.S. law)? I live in Kalamazoo, Michigan. I am currently working as a petition circulator. I was working outside of a Secretary of State's office, when I was told that I was not allowed to be there, because I was soliciting. I refused to leave, arguing that I was petitioning, which is distinctly different from soliciting, and that I was at a government building, funded by public money. The property manager(of the strip mall in which the office is located) showed up, again asking me to leave. Again, I refused. He called the local police, who promptly showed up and told me that I had to leave or be arrested. I believe that this is against the law; even if the office is located in a strip mall, it is still a publicly funded, government building, and I am petitioning, not soliciting. I would appreciate it if someone could look into this and tell me where I can obtain some legal documentation on this matter so that I may defend myself against illegal harassment in the future. Thank you.

 

[BOR]

We have discussed this general area of law before, see; Pruneyard v. Robbins.

Pruneyard was a case where the US SC ruled it is up to an individual state's constitution to permit a free speech right on private property.

Most states though do not permit such private property "public forum" right.

The fact that it is at a govt. building may have some relevance, but probably not. The actual sidewalk/public fora area is owned by the strip mall, not the govt., per se.

It is most probably correct you had to leave or be subject to arrest/citation, as MI probably does not allow it, or the police should have known.

 

[Dolphin170]

I am having similar issues

You must check your states stance. I am CA and you are allowed with the exception as to reasonable restrictions to time, place and manner. I am currently looking for futher advise myself as to what is reasonable since our mall thinks 14 days out of the year is reasonable. There is a case out there, not sure the name where a pet store is involved within 2011. The store was found to have implemented unreasonable restrictions on the petitioners. I would look further into this it goes futher than the other case mentioned. You are also not guilty of tresspass unless you intimidate, harrass or cause a disturbance on the property. If arrested, which we don't want to have happen, you can try to get them for unlawful arrest. It will depend on if your state allows for the time, place and manner though. The states are split.

 

[ecmst12]

Don't necropost!

 

[FlyingRon]

Don't necropost!

Dolphins thread can be found here:

 

[ecmst12]

Yeah he was wrong there too.