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JAN-06-2003 14:22 RATWIK ROSZAK MALONEY 6123390038 P.08 Mr. Neal Beets January 6, 2003 Page 2 of6 ISSUES 1. What legal principles apply to the use of public facilities~ and what regulations may a city adopt goveming use? II. Under the City's current facility use policy, if a conununity group rents a City- owned meeting room, may the group exclude members of the public from (1) attending the meeting, and/or (2) joining the organization? ANALYSIS I. What Legal Principles Apply To The Use Of Public Facilities, And What Regulations May A City Adopt Governing Use? The First Amendment applies to governmentally-owned property when the government regulates access to govern~--nental property SQug.1.t for purposes of expression. The constitutionality of governmental action is determined by the public forum doctrine and the doctrine of reasonable time, place and manner restriction. Under this framework:, a city cannot restrict the use of city meeting facilities so as to deny access to any particular group. Rather~ access must be allowed without regard to the viewpoints of the organization. The analysis supporting this conclusion is presented below. A. The Public Forum Doctrine The restrictions that can be placed on speech depends on the nature of the relevant forum. Government owned property has been divided into three categories for purposes of forum analysis: (1) traditional public fora, (2) designated public fora, and (3) nonpublic fora. Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37,44...46 (1983); Paulsen v. County ofNassau~ 925 F .2d 65, 68-69 (2nd Cir. 1991). A traditional public forum is one which by "long tradition or by government fiat has been devoted to assembly and debate." ~, 460 U.S. at 45. Examples of traditional public fora include streets, parks, and public sidewalks. Id. The second category of government property is the designated public forum (sometimes called a "limited" public forum). This is public property that the state has opened to the public for expressive activity. ~,460 U.S. at 45. It may be opened for all expressive activity, or designated for more limited purposes such as use by certain groups, certain subjects, Or for a limited period of time. Examples of designated public fora are meeting facilities, municipal theaters, and board meetings. Widmar v. Vincent, 454 U.S. 263 (1981); Southeastern Promotions~ Ltd. v. Conrad, 420 U.S. 546 (1975). The third category is the nonpublic forum, '.vhich is public property that is not by tradition or designation a forum for public communication. Paulsen., 925 F .2d at 68-69. It consists of property usually incompatible with