ACLU plans to appeal petition ruling

David Kihara

Thursday, Nov. 11, 2004 | 11:15 a.m.

A Nevada Supreme Court ruling Wednesday struck a blow against free speech and political activity by the public, leaders of the American Civil Liberties Union of Nevada and Nevadans for Sound Government said Wednesday.

Gary Peck, executive director of the ACLU of Nevada, said his group expects to get involved in an appeal of the decision.

The state's highest court ruled that universities could force petitioning groups to inform school officials before gathering signatures.

The state Supreme Court's 6-0 ruling reverses portions of a previous decision by District Judge Ken Cory. His ruling stated that UNLV, the Department of Motor Vehicles and the Regional Transportation Commission in Reno violated the free speech rights of canvassers for Nevadans for Sound Government when they had attempted to gather signatures at those locations.

"There is no question that these restrictions will make gathering signatures for unpopular initiatives more difficult," said Doug French, who serves on the board of Nevadans for Sound Government. "Petitioners for other initiatives were not harassed and they petitioned in the same places that (Nevadans for Sound Government) did."

The dust-up over gathering signatures started in early May, when signature gatherers for Nevadans for Sound Government were denied access to areas at the Regional Transportation Commission in Reno. The petitioners were arrested and detained, but later released. Charges against them were dropped.

Later that month, another Nevadans for Sound Government petition circulator was allegedly denied access to UNLV's Artemis W. Ham. That night, the Bush campaign rented the space out and arranged and paid for additional security. The petitioner was taken from the area and later arrested.

The group was seeking to repeal last year's increase in taxes and also wanted to forbid state government employees from running for state Legislature.

Although the state Supreme Court on Wednesday upheld the Cory's decision in the Regional Transportation Commission case, it ruled that UNLV did not act inappropriately when it prohibited the petitioner from gathering signatures at Ham Hall. "It's a disappointment," said Allen Lichtenstein, the ACLU of Nevada's general counsel. "I think that the University and university system should take a position that the campus should be open to free speech activities."

He said many other problems will arise in the future from the Supreme Court's decision, especially those regarding where petitioners can gather signatures on a university campus, and during what events.

In its decision, the state Supreme Court said that the prohibition against gathering petitions at Ham Hall was justified because the venue had been rented to a private party, and therefore no longer constitutes what could be considered a "public" building.

One problem that French envisions arising from the decision is "if the government employees don't like the initiative that you are proposing, they will make it more difficult for you to gather signatures-the court has aided them with this decision."

He said that in a free country, no one should be told that they "have to make an appointment and be told where to exercise free speech rights."

Joel Hansen, the attorney representing Nevadans for Sound Government, considered the ruling a partial win for the group.

"I am elated that the court ruled that the statutory rights of the Nevadans for Sound Government petitioners were violated by the Regional Transportation Commission," Hansen said. "All in all, it's a victory for us."

He said that Nevadans for Sound Government is "seriously considering amending our original complaint to add a cause for action for damages for the violation of rights of the two petitioners" who were denied access to the Regional Transportation Commission's grounds.

The Regional Transportation Commission could not respond to the court's decision because the agency's lawyer was still reviewing the decision, said Jim McGrath, spokesman for the Regional Transportation Commission, on Wednesday.

Besides paving the way for amending the original complaint, the state Supreme Court's opinion also will lead the way for Nevadans for Sound Government and other groups to begin lobbying the state Legislature to broaden what it defines as "public space."

A spokesperson for UNLV said the University was pleased with the decision, adding that the university never attempts to squelch free speech on its campus.

Although the Nevadans for Sound Government petitioner was not allowed to gather signatures at Ham Hall, it was only because the space had been rented for an event featuring First Lady Laura Bush. The added security was necessary because of the nature of the event and the guest, said UNLV Spokesperson Hilarie Grey.

She added that UNLV's campus has a large free speech area through the main thoroughfare of the campus, and anyone looking to gather signatures can use that space freely.