Chapter 01. Free Speech Activities on Maryland Transit Administration Premises

“Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.

“Administrator” means the Maryland Transit Administrator, whose office is established pursuant to Transportation Article, §7-202, Annotated Code of Maryland, or the Administrator's designee.

“Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA.

“Bus” means a motor vehicle that is designed and used to carry people, is operated by the MTA on a fixed route and predetermined schedule, or is operated under contract to MTA by an authorized private carrier.

“Commercial speech” means expression related solely to the economic interests of the speaker and its audience. Commercial speech does not include transactions related to any free speech activity as defined herein.

“Department” means the Maryland Department of Transportation established pursuant to Transportation Article, §2-101, Annotated Code of Maryland.

“Emergency” means those conditions or situations resulting from fire, flood, riot, unusual congested conditions, weather, labor strikes or walkouts, outages of power or public services, catastrophe, emergency security measures, or other causes determined by the Governor, the Secretary of the Maryland Department of Transportation, the Administrator, the MTA Chief of Police, or the MTA Manager of Safety and Risk Management to endanger the health, safety, or welfare of persons using MTA services or MTA employees on or upon MTA facilities and equipment, or the MTA facilities and equipment themselves.

“Free area” means those portions of MTA facilities open to the general public during such time the facility is open to the general public, but does not include the portion of any area of a MTA facility beyond or inside the turnstile or fare gates and any area within 15 feet of an escalator, elevator, tracks, emergency exit, stairway, fare gate, kiosk, ticket vending machine, money changer, information center, main terminal entrance, locations where transit patrons are in line, or bus stop or shelter.

“Free speech activity” means any manner of organized exercise of rights and privileges that deal with political, religious, or social matters and are noncommercial.

“Group of individuals” means three or more individuals.

“Light Rail” means the light rail line owned and operated by MTA in Baltimore County, Baltimore City, and Anne Arundel County.

“MARC” means commuter rail service operated under contract to the Maryland Transit Administration.

“Metro” means the heavy rail subway line operated by MTA in Baltimore County and Baltimore City.

“MTA” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.

“MTA facility” or “MTA facilities” mean all property owned, leased, operated, or controlled, whether by ownership or easement, by the MTA in connection with its operation of transit service, and includes any one or more or combination of tracks, rights-of-way, bridges, tunnels, subways, rolling stock, stations, terminals, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or used or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation.

“MTA service” means transportation by means of transit vehicles or through transit facilities of persons and their packages in service operated by MTA, or by an entity under contract to MTA.

“Persons” means any individual, organization, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative of them.

“Solicit or solicitation” means requesting transit patrons give alms, funds, donations, contributions, signatures, personal information, or other information for a non-MTA purpose.

“Transit patron” means a person in and upon any MTA facility or equipment for the purpose of using available public transportation service.

“Transit vehicle” means a mobile device used in rendering transit service.

The full name, mailing address, and telephone number of the persons:

If the persons engaging in free speech activities are doing so on behalf of an organization, the name of that organization;

If the group is an organization which is required to have a resident agent in Maryland, the name of resident agent in Maryland;

A description of the proposed activities indicating the method of communication to be involved;

The locations, dates, and times of the intended activity;

The number of persons anticipated to be engaged in the activities at each MTA facility sought to be used; and

The specific MTA service or facility sought to be used for the planned free speech activity.

Free speech activity may only be exercised in free areas in the MTA facility identified in the notification.

Free speech activity may only occur during times the MTA facility is open to the general public.

In conducting a free speech activity at, on, or in an MTA facility, a person may not:

Persons engaged in free speech activity may not intentionally touch or make physical contact with another person unless that other person has consented to physical contact.

An announcement shall be made;

All free speech activities shall cease for the duration of the emergency; and

Non-MTA use of MTA facilities shall not resume until authorized by the Administrator.

Signed by the permittee and the MTA; and

On a month-to-month basis, subject to cancellation or revocation, upon cause and written notice.