Expert: Michael Troy - 4/6/2009

Question
Dear Michael,

Thank you for this great service. I have read some of your comments and
found them helpful and edifying.

I have recently decided to run for my local school board of education on Long
Island in the State of New York. We are required to get 65 signatures on a
school district petition. I was recently gathering signatures in front of the
public library that serves the district. I was very careful to be extremely polite
and also not to block or impede access to the building. I stood over 20 feet
away from the library doors on the access pathway. The access pathway is
quite wide, approximately a 20 feet wide walkway to electronic double doors
from the curb of a large dedicated public parking lot.  my question regards
the following:

a library officer told me I was not allowed to do gather signatures or petition
in front of the building. one official said i could only do so 100 feet from the
building, another later said 50 feet. i was very polite to them and know them
as a frequent library patron and supporter. in fact, many on the library staff
support my candidacy. however, as the campaigning proceeds, i plan to
campaign/petition in the same spot, as traditionally it is one of the best
places in town to do so.

my question is: what are my rights?

i have tried to research the issue and have only found that regulations
regarding a public polling place, which this library is not, and that those
regulations are for election day.

thank you for your kind attention. i would greatly appreciate any clarification
you can provide.

regards,

david

Answer
Hi David,

I don't know exactly what the library regulations are in your local area, but the Supreme court has generally held that the First Amendment protects non-commercial speech on public property.  The library has a right to regulate behavior that is disruptive or to protect patrons from harassment or annoyance, but it does not sound like your petitions do either.

I cannot provide you with specific legal advice in this forum, but if you want to press this issue, you might consider contacting your local ACLU.  They can better advise you on the specifics of your case, and might be willing to provide free legal assistance if needed.

I hope this helps!
- Mike