Court: Government can limit petitioners

Wednesday, Nov. 10, 2004 | 11:13 a.m.

CARSON CITY -- In a ruling on freedom of speech and political activity in Nevada, the state Supreme Court said today that government agencies can require groups gathering signatures on petitions to give advance notice of their intentions.

With a 6-0 decision, with Justice Michael Douglas recused from the case, the court overturned the ruling of District Judge Ken Cory who held that UNLV improperly stopped the political advocacy group Nevadans for Sound Government from gathering signatures on an initiative petition to repeal the $833.6 million tax increase.

A signature gatherer was turned away May 18 from Artemis W. Ham Concert Hall which had been leased for the President Bush campaign for a political event. The Bush campaign paid for added security, and the event was open to invited guests only.

The group argued that it had a First Amendment right to be on campus.

The court said Ham Hall, occupied by a private party for a private event, does not fall within the statute's purview, referring to the law that provides people are free to circulate petitions at public buildings.

Nevadans for Sound Government also objected to the regulation that required them to give advance notice.

The court said, "We conclude that, under the First Amendment, the above time, place and manner regulations are permissible restrictions related to legitimate government safety and functional operating purposes.

"There is nothing inherently unreasonable in requiring a petition circulate to provide advance notice of his or her intended signature-gathering activities."

The ruling however upheld a district court decision against the Regional Transportation Commission in Reno where petitioners were arrested. The court said the guidelines in restricting access "worked to unreasonably deny Nevadans for Sound Government its statutory right to gather signatures."

The misdemeanor charges filed against the two were dropped before they went to trial.

The court said that UNLV, on the other hand, has established designated areas for expressive activities by the public on its campus. The policies of UNLV are that the rest of the property is a nonpublic forum.

"We conclude that UNLV is a limited public forum and, in this instance, that its policies regarding expressive activity in nondesignated areas of campus are subject to the same reasonableness review as those pertaining to the Regional Transportation Commission."

The court said, "Although the exact location of UNLV's designated expressive-activities area during the Ham Hall incident is unclear, it's desire to keep petition circulators from directly blocking the building's exits is reasonably related to its purpose of maintaining safety and order at the high-security event."