# COMAR Title 14 — Independent Agencies

## Subtitle 25 — Maryland Stadium Authority

### Chapter 03 — Free Speech Activities

**Authority:** Economic Development Article, §§10-604, 10-613(a)(4) and (10), and 10-616(b);Financial Institutions Article, §13-708; Annotated Code of Maryland

**Administrative History:** Effective date: April 12, 1993 (20:7 Md. R. 642)

**Administrative History:** Chapter revised effective January 5, 2015 (41:26 Md. R. 1570)

#### Regulation .01 Intent.

*COMAR 14.25.03.01*

A. The regulations in this chapter regulate claims of right founded on federal and State law. These regulations do not themselves create, expressly or implied, any rights, privileges, or immunities of speech.

B. The regulations in this chapter are necessary in order to:

  (1) Ensure that those seeking to exercise their freedom of expression can communicate safely with visitors to Authority facilities;

  (2) Preserve the aesthetic and recreational atmosphere of Authority facilities; and

  (3) Ensure the safe, free, and orderly flow of pedestrians and vehicles at Authority facilities.

#### Regulation .02 Free Speech Activities Generally.

*COMAR 14.25.03.02*

A. Basic Rule.

  (1) An individual desiring to engage in free speech activities at Authority facilities may do so in proper accordance with these regulations and if the activities do not:

    (a) Constitute commercial activities;

    (b) Constitute solicitation for the immediate receipt of money or contributions; or

    (c) Result in interference with the safety of the public or the operation of Authority facilities, disrupt events at an Authority facility, or impede the flow of either vehicular or pedestrian traffic.

  (2) In general, a single person engaged in free speech activities does not impermissibly obstruct a sidewalk, unless that person intentionally moves to obstruct or hinder pedestrians or vehicles attempting to pass by such person.

B. Except as otherwise provided in this regulation, the use of musical or other noise-producing instruments, microphones or comparable voice-projecting devices are prohibited at an Authority facility. Subject to applicable noise-control ordinances, a person within the Camden Yards Sports Complex may use a battery-operated handheld megaphone if and when the person is located on a public sidewalk south of Lee Street and north of Hamburg Street (which does not include the Spine).

C. Except for the Authority, its authorized tenants, and such tenants’ licensees, no person or persons may place or erect any table, display (other than hand-carried signs and placards otherwise permitted), or other stationary object at any location within an Authority facility (including the Plazas and sidewalks). Any person who places or erects a table, display, or other stationary object on Authority property and fails or refuses to remove it upon proper request to do so by an authorized agent of the Authority shall be considered trespassing in violation of COMAR 14.25.02.15. The Authority may treat any table, display, or other stationary object left unattended at an Authority facility as suspicious and may remove, dispose of, or destroy it without liability to the owner thereof.

D. An individual or group engaging in free speech activities may not engage in any activities prohibited under COMAR 14.25.02.

E. All free speech activities shall be conducted in a peaceful and orderly manner. A person or group of persons participating in any free speech activities may not:

  (1) Willfully impede or physically grasp at any other persons using or transiting the Authority facility or viewing the memorials in any of the Plazas;

  (2) Attach any objects to any other person’s clothing without that person’s consent;

  (3) Engage in aggressive solicitation (as defined by the Baltimore City Code) or unlawful harassment;

  (4) Engage in disorderly conduct;

  (5) Unless true, represent or imply that the person or group represents, is affiliated with, or is in any way endorsed by the State of Maryland, the Authority, the Baltimore Orioles, the Baltimore Ravens, or any other tenant of an Authority facility;

  (6) Unreasonably disturb tenants or the public in the course of normal business activities, sporting events, entertainment events, or viewing any of the memorials on any of the Plazas.

F. Any person, organization, or other legal entity engaging in any free speech activities at an Authority facility shall be responsible for any damages to any property directly caused by that person’s, organization’s, or other legal entity’s actions, including, but not limited to, reimbursement of all cleaning and repair costs incurred by the Authority.

G. A person, organization, or other legal entity engaging in any free speech activities at an Authority facility may not leave unattended any pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, or any other materials. The Authority may treat any materials left unattended anywhere at an Authority facility as suspicious and may remove, dispose of, or destroy any such materials without any liability to the owner thereof.

H. Any person, organization, or other legal entity engaging in any free speech activities at an Authority facility shall abide by the terms of this chapter, any permit issued pursuant to this chapter, and local, state, and federal law.

I. Placards and Signs.

  (1) A person at an Authority facility may not carry any placard or sign that:

    (a) Has a height exceeding 36 inches or a width exceeding 24 inches;

    (b) Uses words or images meant to incite immediate violence or an immediate breach of the peace;

    (c) Uses words or images that describe or depict any erotic or pornographic conduct.

  (2) Only hand-carried signs and placards are permitted at an Authority facility. No sign or placard may be appended to, hung on, or rested upon any walkway, structure, or other part of an Authority facility. No sign or placard may be placed on or attached to any post or pole in any part of an Authority facility.

#### Regulation .03 Areas of Authority Facilities Available for Free Speech Activities.

*COMAR 14.25.03.03*

A. No part of Camden Station, the Warehouse, any Stadium Structure, the Performing Arts Center, or any parking lot or garage owned or operated by the Authority is a public forum.

B. Eutaw Way is part of the Stadium Structure of Oriole Park at Camden Yards whenever a ticket is required for public access thereto, whenever Gate A and Gate H are closed, or whenever Eutaw Way is otherwise closed to the general public. Eutaw Way shall be considered a Plaza when open to the general public.

C. The Spine may not be considered a public forum during any parking lot event or during any event taking place on the Spine itself. At all other times, the Spine shall be considered a Plaza.

D. Plazas and sidewalks shall be available for free speech activities in accordance with the regulations in this chapter, but subject to the prohibitions in COMAR 14.25.02.

E. Regardless of whether a permit is required under Regulation .04 of this chapter, the Director of Security Management may require that all free speech activities on any Plaza be limited to areas other than those reasonably designated for ingress, egress, and queuing for ingress, egress, or tickets to a Stadium structure, Camden Station, or the Warehouse.

#### Regulation .04 Permits.

*COMAR 14.25.03.04*

A. A group of ten or more persons desiring to engage in free speech activities on one or more of the Plazas shall first obtain a written permit from the Authority for the proposed activity.

B. Permits shall be issued on a first-come, first-served basis.

C. The Authority may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, the Authority may waive the fee based upon the ability of the applicant to pay the fee.

D. Permitting Procedures.

  (1) To obtain a permit, an applicant shall submit a written application to the Authority at least 3 working days before the date requested; provided, however, that if the request arises in response to an event announced less than 5 working days in advance thereof, the written application may be submitted 1 working day prior thereto.

  (2) The application shall be on a form provided by the Authority. The form shall designate the location where it may be filed in person. The form may also designate alternative methods by which the application may be filed, such as a mailing address, facsimile number, email address, or website.

  (3) The application for the permit shall include:

    (a) The full name, mailing address, telephone number, and, if available, email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative;

    (b) The full name, mailing address, telephone number, and, if available, email address of the person who will supervise and be responsible for the conduct of the proposed activities;

    (c) The date and times of the proposed activity;

    (d) A brief description of the proposed activity, including the method of communication (such as demonstration, distribution of literature, collection of petition signatures, or other activity);

    (e) The number of persons expected to participate; and

    (f) The signature of the applicant.

  (4) The Director of Security Management shall review each application promptly. If the application is incomplete, the Director of Security Management shall make reasonable efforts to inform the applicant. If the application is complete, the Director of Security Management shall forward a copy thereof to the applicable Director of Facilities Management for review and comment.

  (5) The Director of Security Management shall issue the permit unless the Director of Security Management specifically finds that:

    (a) The information contained in the permit application is incomplete or contains a material misrepresentation;

    (b) The proposed activity would substantially interfere with a scheduled event or another free speech activity for which a permit was previously issued;

    (c) An emergency exists;

    (d) The proposed activity would materially interfere with vehicular or pedestrian traffic, including viewing of any memorial on the Plazas;

    (e) The proposed activity would materially interfere with the normal business activities of the Authority or the Authority’s tenants;

    (f) The proposed activity, on its face, would violate any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or

    (g) The proposed activity reasonably appears to present a clear and present danger to the public safety, health, welfare, or good order.

E. The Director of Security Management may revoke a permit at any time if:

  (1) The actual activity materially differs from the activity proposed in the application and a permit for the actual activity could have been denied;

  (2) The activities or conduct of the permitted person or of the permitted group or any individual member of the group presents a clear and present danger to the public health, welfare, or public safety;

  (3) The activities or conduct of the permitted person or of the permitted group or any individual member of the group violates any applicable law or regulation; or

  (4) An emergency arises.

F. Appeal of Permit Decisions.

  (1) Any person whose permit request is denied, whether in full or in part, or revoked may appeal the decision to the Executive Director by delivering a written appeal within 5 working days after the decision by the Director of Security Management. The appeal shall state the reasons why the appellant believes the denial or revocation of the permit was in error. The appeal shall also state a mailing address for the appellant and, if the appellant desires service thereby, a facsimile number, email address, or both.

  (2) The Executive Director shall review the initial permit decision or revocation in light of the written appeal. Within 7 working days after receipt of such appeal, the Executive Director shall issue a written decision either affirming the denial or revocation or granting the permit as requested.

  (3) The Executive Director’s decision shall be sent via certified mail to the appellant at the address provided in the appeal, with a copy by fax, email, or both, if provided, and shall be effective upon such service.

  (4) The Executive Director’s decision shall constitute a final decision of the Authority and may be appealed to an appropriate court as provided by law.

#### Regulation .05 Picketing and Demonstrations.

*COMAR 14.25.03.05*

A. Picketing and demonstrations anywhere on Authority property shall be authorized by the Executive Director in advance.

B. Those picketing or demonstrating:

  (1) May do so only in areas specified by the Executive Director;

  (2) Shall conduct themselves in a peaceful and orderly manner; and

  (3) May not obstruct the use of Authority facilities by others or interfere with the normal course of Authority business.

C. Those under the influence of alcohol or drugs may not picket or demonstrate.

D. The Director of Facilities Management shall approve signs in advance of a specified picket date. Only hand-carried signs are permitted.