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<br />JAN-06-2003 1533 <br />JI 'Il VV GVVV A`7•i.J <br />Ivir. Neal Beets <br />Jat,uary b, 2003 <br />Page 3 df b <br />CITY-OF-RDSEVILLE-ADMIN <br />1 \f°I f W l h 1\UJLI'7I\ 1 11"IL4.J1 YL / <br />6514902276 P.10i12 <br />OL tJJ7UYJJ0 f- . KJ7 <br />expressive activity, where the principal function of such property would be disrupted by <br />expressive activity. Examples of noapublie fora intl-~de prisons and military bases. nited <br />States v. Alberbni, 472 U.S. 675, 685-86 (1985); Grreer v. Spark, 424 U.S. 825, 838 {1976). <br />Under this framework, the City Council chambers, as we31 as varied meeting zo4rns at the <br />Oval, are elassif ed as designated or limited public fora. <br />13. Ne~atraj Time, Place and Manger Restrictions <br /> <br />Limited public fora may be regulated only ~vi~t content neutral time, place and manner <br />restrictions. aulsen 925 F_2d at 69. To survive judicial scrutiny, such xesttactions must be <br />justified without reference to the content of the regulated speech, must be aarrowly tailored to <br />serve a siguficant governmental interest, snd must I+cave open ample alternative channels of <br />communication of the information. InternatiQ al S+pciety fQr Krishna Consciousness Inc., v <br />~, 505 U,S. 67Z, b78-79; Cornelius y NAACP LeggI Defense~tdd Educational Fund, ~t73 <br />U.S. 788, 800 (1985). The government may limit access to certain speakers (e.g_, student <br />groups) ar certain subjects (school board business}. Widmar v. Vincent. 454 U.S. 263 (1981); <br />Citv.of yl~i Bison Joint School District v. Wisconsin Public Employment Relations Comm'n <br />429 U.S. 167 (1976). It also need not keep such a forwn open indefmitEly. Pin , 4b0 U S, at <br />46. However, restrictions ot, use or availability must be applied sverthandedly to all siriailarly <br />situated parties. Id. at 45-4b and n.7. <br />Under this franieworl4 a city may not restrict the use of city facilities so as to deny <br />access to any one particular @roup. Such a regulation would not be content neutral because it <br />clannot ba applied without regard to the type of arganiia#ion or speech that may occur at a <br />particular meeting,. k~t'thatmoce, it is not applied evenhandedly to all sixnila~rly situated patties, <br />but designed specifically to target one group. a, regvlati4rt of this sort cannot be justified <br />without reference to the content of the speech, and therefore would not survive judicial <br />scrt~tirly. <br />On tht other hand, a city has the abi3ity tp restrict the use of city facilities to ce~.in <br />hours. This re3triction is content neutral, as at applies without Xea.,ard to the type of <br />orgax-ization or speech that may occur at a particular meeting. Second, the regulation is <br />nat'rowty tailored to serve a sigtlliftcant governmental interest. On the question of whether a <br />regulation is narrowly tailored to achieve the signi5cant governmental interest, the Supreme <br />Cotu~t lies stressed that the time place and matYner requirements need not be the least restrictive <br />or lit intrusive means of achieving the government's end. Rather, the requirement of narrow <br />tailarit~g is satisfied "so long as the...regulatianpromotes asubstantial government interest <br />that would be achietied less effectively absent the regulation: ' V4rard v. Roclt ,A~Aina,~RaCisxxt, <br />49 t U.S. 7$ l (19$9) (Qustin~Clark 46g U.S, et Zy3). <br /> <br />