_
_

Rules raise free speech worries

Capitol: Citizens speak at public hearing about proposal on campus displays

CHRISTIAN HILL; The Olympian • Published September 23, 2009

  • 0 comments

Citizens testified Tuesday that proposed rules for the use of public areas of state government buildings and grounds would have a chilling effect on free speech rights and citizen participation in government.

_

The state Department of General Administration is considering the rules in the wake of last year’s controversy over holiday displays that attracted national attention. A temporary moratorium on private displays is in effect in the Legislative Building until the new guidelines are established.

The rule changes also extend to the authorization needed to hold public events and gatherings on the state-owned grounds, including Heritage and Sylvester parks.

About two dozen individuals testified at the hearing presided by Martin Casey, the General Administration official in charge of drafting the rules.

Several voiced support for the proposed rules, but others said they required significant revision or should be tossed out entirely.

Residents and organizations would not be permitted to place a display or exhibit in the public areas of Capitol Campus buildings under the proposed rules; they may be placed or posted on the grounds. An exception would be for the placement of a state-sponsored holiday tree in the Capitol Rotunda.

Ron Wesselius, an area resident whose successful litigation in 2007 related to a nativity scene led to the brouhaha over holiday displays, said the proposed rules would be “shutting out 95 percent of the Washingtonians that celebrate Christmas.” He urged the state to reconsider and said he’d be willing to put a disclaimer on the display freeing the state of any liability for its placement.

Dennis Mansker, president of the South Sound chapter of Americans United for Separation of Church and State, strongly supported the proposed rules.

“We do not need a repeat of last year’s holiday embarrassment,” he said.

Mary Murphy, a member of the League of Women Voters of Thurston County, read a statement from the organization’s state president, Linnea Hirst, calling the proposed rules too restrictive. They would forbid the use of displays used to inform lawmakers and the public about issues important to the league during its annual lobby day, Hirst wrote. She urged General Administration to allow citizen groups to place displays during the duration of their events.

Sue Lean, a league member who has been involved in exhibits placed in the Legislative Building and Temple of Justice, said such rules will have “an adverse effect on citizen participation in government.”

Speakers also raised concerns about proposed rules affecting gatherings on the state’s properties. Activities that draw at least 25 people would need to obtain a permit from General Administration.

General Administration contends the rules are more open than existing guidelines that require department authorization regardless of the size or scope for a free speech gathering. They also note the proposal calls for two days of advance notice instead of the four days now on the books.

There would be no fee for a permit for free speech or assembly activities, but private and commercial activities may be charged.

Several speakers said the rules would violate freedom of assembly and speech protections under the Constitution.

“These are vital gathering spaces for the public downtown, and I think it’s critical that we keep these spaces open,” said Nigel Weiss, a member of the Olympia Movement for Justice and Peace. “The right to gather and (petition) grievances of the government is something that is critical to a working democracy.”

Another speaker, Charlotte Renninger, said the state should be welcoming as many people as possible on its property to express their views. She said rules drafted with good intentions now could be abused in the future.

“It is our collective input that helps create our government,” she said.

The agency has received 175 written comments and extended the submission deadline until Oct. 1. Residents can submit their views or get more information by visiting www.ga.wa.gov/rules/rules_proposed.htm. The rules are scheduled for adoption on Oct. 21 but would take effect at a later date.

Christian Hill: 360-754-5427

chill@theolympian.com

Similar stories:

  • Under the Dome: Today is Friday, Jan. 25, the 12th day of the 105-day legislative session

  • Policy, discretion guide media sources probes

  • Comments on govt's examination of AP phone records

  • Chinese air their cases by petitioning White House

  • Seizure of media records shows a trust betrayed

_ _
COMMENTS Community Publishing Guidelines

Join the Reader Network

Do you want The Olympian to keep you in mind when we canvass the community for opinions?

Click here and sign up with our Reader Network to offer your view.

_
_