Source:
ACLUDETROIT – In a free speech case with statewide implications, the American Civil Liberties Union of Michigan sued the Genesee County Parks today after it told a petitioner with the Committee to Recall Governor Snyder that the only place she could petition in a 135-acre park was an isolated 3 x 3 foot area. The ACLU is also challenging the constitutionality of Genesee County Parks’ new policy barring petitioning in the public parks without a permit.
“In a free society, citizens do not need the government’s permission to simply petition in a public park,” said Michael J. Steinberg, ACLU of Michigan legal director. “Barring petitioning anywhere in a 135-acre park except for a tiny, isolated spot is a particularly egregious violation of the First Amendment.”
<snip>
After a delay of more than two weeks, Miller received a permit, but the permit did not allow her to petition near the pathway and stairs to the beach as she had requested. Rather, the parks department had designated a so-called “Freedom of Speech Area” in a grassy area past the far corner of a parking lot where there was virtually no foot traffic.
Park personnel even painted a 3 x 3 foot orange square on the ground indicating the only place Miller could petition. In addition, the permit only allowed her to petition from July 1 to August 1, 2011 between the hours of 9 a.m. and 6 p.m. even though the park is open until 9 p.m. in the summer. Furthermore, she was instructed that her sign was to be placed within 10 feet of the orange square. Other signs in the park, however, are routinely placed more than 100 feet away from specific activities, including signs directing people to birthday parties and family reunions.
Link to a pic of the designated "Freedom of Speech" Area: http://aclumich.org/sites/default/files/file/geneseeparkphoto.pdfRead more:
http://aclumich.org/issues/free-speech/2011-07/1588