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• JAN-06-2~3 1532 Mr, Neal Beets January 6, 2003 Page 2 of 6 CITY-~F-ROSEVILLE-ADMIN R-11 W 1 ti RVg4-'4ti ~•IF4.~.n`1~,1 ~SSXJES 6514902276 P.09i12 Ol<~7YJrJ.~U t--, ~JD I. What legal principles apply to the use of public facilities, and what regulations may a city adopt governing use? ~. iTndez the City's current facility use policy, if a community group rents aCity- ownedmeetingroom, may the group exclude members of the public tom (l) attending the meeting, andlo~r (a) joining tie prgaaization? ANALYSYS X. What I.+egat Prigctples Apply To The Uat Of petblie p'aciiittes, And What ~tegnl$tions May A City Adopt Gaverni~ng Use? • The First Amendment applies to governrttentally-owned property when the gov~tlment regulates access to governmental property sought for purposes of expression. The constitutaonelity of $ovemm~antai action is determined by the public forum doctrine and the doctrine of reaso~aab)e time, place $nd manner restriCtign. Under tl-is framesrock,, a city c$nnat restrict the use of city meeting facilities so as to deny eecess to any particular group. Rather, access must be allowed without regard to the viewpoints of the organization. The analysis supporting this conclusion is presentied below. A. The Public Foraan Doctri®e The restrictions that care be placed~on speech depends on the rtatliXe of the relevant forum.. Government owned property has been divided into three categories for purposes of forum analysis: (X) traditional public fora, (2) designated public fora, and {3) nonpublic fora. Perr~- Educ Assn v Percy Local Educators' Assn, 460 U.S. 37, 44.46 (1983); Paulsen v Coup of Nassau, 925 F.2d 63, 6$-69 (tad Cir.1991). A traditions] public forum is one which by "long tradition or by government fiat has been devoted to assembly end debate." PeI , 46p U.S. at 45, Examples oftradidorlat pubKo fora utalude streets, park4, and public sidewalks. l;~ The second category of government property is the designated public foorum (sometunes called a "Iimuitcd" public forum). This is public property that the state has opened to the public fox expressive activity_ eat _, 460 U.S. at 45. It may be opened for all expressive activity, or designated for more limited purposes such as use by cetcaitt groups, ceztain subjects, 4r for 8 limited period of time. Examples of designated public fora are meeting facilities, t~nunicipal theatees, and boazd meetings_ Widnzar y. Vincent, 454 U.S. 263 (198X); South tern Promotions. Ltd, y. Conrad, 420 U.S. S46 (19?~. The third category is the nonpublic forum, which is public property that is not by tradition or desfg~nation a. fog for public communication. Fan 925 F.2d at 6$-69. It consists of property usually incompatible with