Receive and File Report Regarding Stay of Enforcement of Council Policy No. 4008 Sections III.B and IV.B.3 Relating to General First Amendment Activities in the Inner Courtyard Area of City Hall. City of Culver City California City Council Agenda Item Report Meeting Date:06/12/06 AGENDA ITEM: Receive and File Report Regarding Stay of Enforcement of Council Policy No. 4008 Sections III.B and IV.B.3 Relating to General First Amendment Activities in the Inner Courtyard Area of City Hall Item Number: A 6 Phone Number: (310) 253 5660 Contact Person/Dept.: Carol Schwab and Heather Iker/City Attorney Fiscal Impact: Yes Public Hearing: Public Notification: Master Notification List (06/07/06) No X General Fund: Yes No X Attachments: X Action Item: X Department Approval: Carol Schwab City Attorney (by H. Iker 06/05/06) CAO Approval: Martin R. Cole for Jerry B. Fulwood (06/07/06) City Controller Approval: RECOMMENDATION: That the City Council receive and file this report regarding the stay of enforcement of Council Policy No. 4008 Sections III.B. and IV.B.3 (second and third sentences) relating to General First Amendment Activities in the Inner Courtyard Area of City Hall. DISCUSSION: Through ongoing monitoring of First Amendment case law the City Attorney s office has become aware of recent developments that affect enforcement of the City s current First Amendment Guidelines. Currently Section III.B of the Guidelines for Implementation of Council Policy No 4008 Regarding Free Speech provides that City property currently being used (e.g. for a special event) by a particular group or applicant under a permit lease or license is not available for General First Amendment activities by other groups or individuals. Similarly Section IV.B.3 provides that when the Inner Courtyard is used by the City or Redevelopment Agency (RDA) the area is temporarily restricted to activities undertaken by the City RDA or any co sponsors of the activity or event. The federal Ninth Circuit Court of A...
Click here for full text