11-61 - Expressive Activity Regulation by Local Government Act
Title 11 > 11-61
Sections (5)
11-61-101 - Title.
This chapter is known as the “Expressive Activity Regulation by Local Government Act.”
11-61-102 - Definitions.
As used in this chapter: 11-61-102(1) “Expressive activity” means:peacefully assembling, protesting, or speaking;distributing literature;carrying a sign; orsignature gathering or circulating a petition. 11-61-102(2) “Generally applicable time, place, and manner restriction” means a content-neutral ordinance, policy, practice, or other action that:by its clear language and intent, restricts or infringes on expressive activity;applies generally to any person; andis not an individually applicable time, place, and manner restriction. 11-61-102(3) “Individually applicable time, place, and manner restriction” means a content-neutral policy, practice, or other action:that restricts or infringes on expressive activity; andthat a political subdivision applies:on a case-by-case basis;to a specifically identified person or group of persons; andregarding a specifically identified place and time.”Individually applicable time, place, and manner restriction” includes a restriction placed on expressive activity as a condition to obtain a permit. 11-61-102(4) “Political subdivision” means a county, city, or town.”Political subdivision” does not mean:a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;a special service district under Title 17D, Chapter 1, Special Service District Act; ora school district under Title 53G, Chapter 3, School District Creation and Change. 11-61-102(5) “Public building” means a building or permanent structure that is:owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;open to public access in whole or in part; andused for public education or political subdivision activities.”Public building” does not mean:a building owned or leased by a political subdivision or a subunit of a political subdivision:that is closed to public access;where state or federal law restricts expressive activity; orwhen the building is used by a person, in whole or in part, for a private function; ora public school. 11-61-102(6) “Public grounds” means the area outside a public building that is a traditional public forum where members of the public may safely gather to engage in expressive activity.”Public grounds” includes sidewalks, streets, and parks.”Public grounds” does not include the interior of a public building.
11-61-103 - Exceptions.
This chapter does not apply to: 11-61-103(1) a restriction on expressive activity on public grounds that a political subdivision imposes in order to comply with Title 20A, Election Code; 11-61-103(2) property that a political subdivision owns or leases:
that is closed to public access; or where state or federal law restricts expressive activity; or 11-61-103(3) a limited or nonpublic forum.
11-61-104 - Time, place, and manner restrictions — Generally applicable restrictions by ordinance.
11-61-104(1) If a political subdivision imposes a generally applicable or individually applicable time, place, and manner restriction on expressive activity on public grounds, the political subdivision shall ensure that the restriction:
is narrowly tailored to serve an important governmental interest, including public access to the public building, public safety, and protection of public property; is unrelated to the suppression of a particular message or the content of the expressive activity that the restriction addresses; and leaves open reasonable alternative means for the expressive activity. 11-61-104(2) A political subdivision may not impose a generally applicable time, place, and manner restriction on expressive activity on public grounds unless the political subdivision:
imposes the restriction by ordinance; or adopts an ordinance to guide the adoption, by policy or practice, of restrictions on expressive activity on public grounds; and adopts, by policy or practice, the restriction in accordance with the ordinance described in Subsection (2)(b)(i) and with the constitutional safeguards described in Subsection (1).
11-61-105 - Political activity outside a public building.
11-61-105(1) Except as provided in Section 11-61-103 and Subsection (2), a political subdivision may not prohibit a political activity, including signature gathering or petition circulation, on public grounds. 11-61-105(2) A political subdivision may impose a time, place, and manner restriction on political activities outside a public building in accordance with Section 11-61-104.