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<br />JAN-06-2003 14:23 <br /> <br />RATWIK ROSZAK MALONEY <br /> <br />6123390038 <br /> <br />P.11 <br /> <br />Mr. Neal Beets <br />January 6, 2003 <br />Page 5 of6 <br /> <br />general use of citizens. U Under this Policy, together with pertinent activity center/skating <br />center operating policies, meeting rooms are made available to Roseville Community groups at <br />no charge. Staffhas implemented the policies in a way that preserves open access to the <br />facilities to all City residents when facilities are being used at no cost. In other words, it is my <br />understanding that City staff take the position that any resident ofRoseville has a right to <br />attend a function in City facilities where no use fee has been charged based on the community <br />nature of the use. I concur with this practice. 4~O-cost" community users of City facilities <br />have not purchased exclusive use of the facilities. This contrasts to the private rental of <br />facilities, where an individual or group has purchased exclusive use. <br /> <br />Given the above, it is our belief that it is inappropriate1 and inconsistent with City policy <br />as implemented, for groups using City facilities at no cost to exclude City residents from <br />attending meetings or activities. Those groups, however, still have some ability to be able to <br />manage the event( s) occurring. <br /> <br />Finally, current City policies do not speak to the membership policies and practices of <br />users of Citj facilities. This. would seem to be a matter better left to the org~nizations <br />themselves. <br /> <br />CONCLUSION <br /> <br />The City does not have the ability to restrict the use of City meeting facilities so as to <br />deny access to one particular group, regardless of whether the ordinance appears neutral on its <br />face. On the other hand, the City has the authority to adopt content-neutral time, place and <br />matter restrictions on the use of City facilities. Any policies which would restrict the use of <br />City facilities should carefully consider the constitutional framework described above. <br /> <br />If you have any questions, please feel free to call. <br /> <br />Very truly yours, <br /> <br />J[ (r---- <br />J~~. Sfuires <br />Stacey L. Wilson <br /> <br />RRM: 42734 <br /> <br />TOTAL P.11 <br />