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Regulations Affecting the Exercise of First Amendment Activities at Airports (2015)

Chapter: II. SURVEY OF CERTAIN AIRPORT REGULATIONS

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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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Suggested Citation:"II. SURVEY OF CERTAIN AIRPORT REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2015. Regulations Affecting the Exercise of First Amendment Activities at Airports. Washington, DC: The National Academies Press. doi: 10.17226/22099.
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47 The U.S. Supreme Court has not yet considered whether the Federal Constitution imposes limits on what state constitutions can require when air- port proprietors administer rights that are subject to the First Amendment. But precedent indicates that the purpose and function of a proprietor’s property might be relevant to the Court when examining speech rights and restrictions on the property. The Court considered attributes of the property when deciding whether the California Constitution’s speech requirements infringed on the federal constitutional rights of a private mall owner.344 Forum analysis thus might continue to be relevant to such an examination when consid- ering an airport’s proprietary property. II. SURVEY OF CERTAIN AIRPORT REGULATIONS This section summarizes some aspects of First Amendment requirements at the airports sur- veyed. The survey reviewed relevant First Amendment materials that were available online, including state statutes, state administrative codes, and the airport proprietor’s ordinances or other regulations. In many instances local mate- rials were only available directly from the airport proprietor rather than from online sources. When obtained, those local materials are also noted below. Airports are dynamic environments. Pro- prietors thus may implement their First Amend- ment requirements in a variety of ways, such as through one or more regulations, permits, or con- tracts, or through practices. Some airport proprie- tors may not create written requirements for all circumstances, or they may incorporate some re- quirements into more general regulations that address matters such as permits or administra- tive reviews. Proprietors may also adjust their regulations at times to address changes in the airport’s environment. Under these diverse circumstances, a survey of airport practices cannot provide definitive infor- mation. These summaries are thus presented as examples of how some airport proprietors have addressed issues to offer an overall sense of the types of issues that proprietor’s address and their approaches to providing constitutional access for speech. The survey is not meant to present a com- 344 See Pruneyard, 447 U.S. 74 (examining the cir- cumstances of a shopping mall environment to deter- mine that in this case, the speaker’s state speech rights did not result in a violation of the mall owner’s federal constitutional rights under the First, Fifth, and Four- teenth Amendments). prehensive or recommended set of practices. Due to the general constraints of surveys, these mate- rials may also be outdated at a given airport, and those interested in researching further should obtain copies of materials from the airport in question. State: Arizona Airport: Sky Harbor International Airport (PHX), Phoenix, Arizona 2012 Passengers: 40,799,830 Airport: Airport Solicitation Permit Application (the “Permit Form”) (published as of October 28, 2013) (available from airport). Sponsor—City of Phoenix: Code of Phoenix, Ari- zona, Sec. 4-127 through 4-138 (the “Code”) (pub- lished as of November 27, 2013) (available at: http://www.codepublishing.com/az/phoenix/). Noncommercial Speech: Authorization: Four or more persons cannot congregate for noncommer- cial peripatetic expressive activity (such as picket- ing, distributing literature, displaying signs, and soliciting contributions) without first obtaining a permit. See Code Sections 4-129, 4-130. Appli- cants must submit a complete application at least 3 days in advance. See Code Section 4-130; 4-131; Permit Form. The airport acts on applications within 3 days after receipt. Code Section 4-132. A permit states limits on numbers of participants and other reasonable restrictions based on the Code and on a fact-finding determination to as- sure the safe and orderly use of the airport. See Code Section 4-134. The airport assigns desig- nated locations on a “first come” basis, and com- peting requests are allocated fairly. See Code Sec- tion 4-133. Denial/Termination: The airport must state grounds for denying an application, which can include a failure to fully disclose information or that the activity is commercial activity. See Code Section 4-132. The airport may also deny applica- tions or may revoke a permit, with evidence of a permit violation, and it serves written notice of the action. See Code Section 4-135. Appeals: An aggrieved party has 7 days to appeal a denial or revocation, and the city manager con- ducts a hearing as soon as reasonably practicable. See Code Section 4-135. Solicitations: Solicitations

48 are prohibited in the terminal. See Code Section 4-128. Newsracks/Commercial Matters: Newsracks: Uncontrolled newsrack placements would inter- fere with the public, aesthetics, safety, and reve- nues. Placement at the airport is subject to rea- sonable content and viewpoint-neutral time, place, and manner regulations. Vendors must ob- tain an annual permit to place a machine in a des- ignated city structure. The airport prioritizes available space based on vendors with the great- est commitment to placing machines at the air- port and the highest airport circulation. See Code Section 4-138. State: California Airport: John Wayne Airport (SNA), Santa Ana, California 2012 Passengers: 8,857,944 Airport: John Wayne Airport Orange County, Airport Rules and Regulations (the “Rules”) (published as of December 10, 2013) (available at http://www.ocair.com/aboutjwa/rulesand regulations/). Regulations, Restrictions on Permit Activities (the “Regulations”) (published as of December 10, 2013) (available from airport). Filming Permit (the “Filming Permit”) (published as of January 20, 2014) (available at http://www.ocair.com/ businessandemployment/filming/). Sponsor—Orange County, California: Code of Or- ange County, California, Title 2, Chapter 1 (the “Code”) (available at http://www.municode.com/ Library/CA/Orange_County). Noncommercial Speech: Authorization: The airport requires a permit to conduct noncommer- cial expressive activities, including solicitation and receipt of funds, handbills, surveys, petitions, picketing, assembling, and demonstrations. See Code Section 2-1-61. A permit contains permitted times, designated locations, and states other terms, and permits are distributed on a “first come” basis (permittees must register daily). See Code Section 2-1-63; Regulations. Denial/Termination: The airport issues a permit unless space is unavailable, application informa- tion is incomplete, or the activity interferes with airport operations or is not consistent with airport purposes (based on ordinance findings). See Code Sections 2-1-63, 2-1-60. The airport may give a notice of noncompliance and a cease and desist order, and it may pursue other actions and reme- dies. See Code Section 2-1-66. Appeals: The airport may conduct administrative hearing processes. See Code Section 2-1-66. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as specific findings, and require- ments for indemnification, insurance, and badg- ing. See Code Sections 2-1-64, 2-1-60, 2-1-63, 2-1- 64, 2-1-65; Regulations. Solicitations: Typical solicitation-for-value restric- tions apply. See Code Section 2-1-64; Regulations. Newsracks/Commercial Matters: Newsracks: Vendors must obtain a license to place newsrack machines in the airport’s facilities, and licenses are awarded on a “first come” basis. See Code Sec- tions 2-1-40, 2-1-48. Commercial Photography: The airport requires prior permission (except for bona fide news coverage or to stimulate interest in air travel or for general artistic purposes). See Code Section 2-1-45. Applicants must submit an application to obtain a filming permit at least 5 working days in advance. See Filming Permit. State: California Airport: Los Angeles International Airport (LAX), Los Angeles, California 2012 Passengers: 63,688,121 Sponsor—City of Los Angeles: Code of Los Ange- les, California, Chapter XVII, Section 171 (the “Code”) (published as of November 27, 2013) (available at http://www.amlegal.com/library/ca/ losangeles.shtml). Noncommercial Speech: Authorization. The airport requires a permit to solicit or receive funds or to post or distribute written matter. See Code Sections 171.07(B), 171.02(d). The airport acts within 2 business days after receiving a fully completed application. Permits shall not exceed 30 days and are distributed on a “first come” basis

49 (competing requests are allocated equitably). Permits designate locations or booths and state other terms. See Code Section 171.07(C)-(E). Denial/Termination: The airport issues a permit unless a desired space has already been requested or the applicant has been convicted of three or more rule violations in a 90-day period (the last of which occurred within 6 months of the applica- tion). See Code Section 171.07(C). Permits shall terminate if a permittee is convicted of three rule violations in a 90-day period (upon the third con- viction), and the permittee is ineligible to receive permits for 6 months thereafter. Permits may be suspended immediately for emergencies. See Code Section 171.07(F). Persons who violate require- ments may be removed from the airport and de- prived of its use as necessary to ensure safety. See Code Section 171.02(o). Appeals: An aggrieved party has 3 days to appeal a denial, termination, or suspension. The airport conducts an administrative evidentiary hearing within 5 days and renders a decision within 3 days. See Code Sections 171.07(C), (F). Features: The regulations include common location and conduct restrictions and other protective measures, such as requirements for permit display or inspection; badging; giving receipts; accident reporting; prohibiting govern- ment endorsement claims; compliance with chari- table solicitation laws; and verification of non- profit status. See Code Sections 171.07(B)-(D), (G). Solicitations: The airport prohibits solicitations for the immediate receipt of value inside airport terminals, parking areas, or on adjacent side- walks. See Code Section 171.02(c). Handbills: The solicitation requirements do not prohibit the dis- tribution of handbills when there is no intent to immediately receive funds. See Code Section 171.02(c). Newsracks/Commercial Matters: Commercial Photography: The airport requires a permit (ex- cept press representatives for new coverage). See Code Section 171.02(e). State: California Airport: Norman Y. Mineta San Jose Interna- tional Airport (SJC), San Jose, California 2012 Passengers: 8,296,174 Airport (available from airport): San Jose International Airport Expressive Activ- ity Guidelines, Section 4 (the “Policies”) (pub- lished as of September 6, 2013). San Jose International Airport Expressive Activi- ties Permit Application (the “Application”) (pub- lished as of September 6, 2013). San Jose International Airport License Agree- ment for Use of Newsracks (the “License Agree- ment”) (published as of September 6, 2013). San Jose International Airport Advertising Con- cession Agreement (the “Contract”) (published as of September 6, 2013). Sponsor—City of San Jose: Code of San Jose, Cali- fornia, Title 25 (the “Code”) (published as of No- vember 28, 2013) (available at http://sanjose. amlegal.com/library/ca/sanjose.shtml). Noncommercial Speech: Authorization: The airport requires a permit to distribute or display material or to picket or engage in demonstrations. See Policies Section 4; Code Section 25.06.300 (handbills). Applications must be submitted 72 hours in advance. See Policies § 4. The authoriza- tion issued by the airport is valid for no more than 90 days (then applicants must reapply). See Ap- plication. Only individuals who are listed in the application may be authorized in the permit. See Policies Section 4. Permits designate locations and state other terms. See Application. Denial/Termination: Activities are authorized on a conditional basis, and the airport reserves the right to deny or revoke permission if program re- quirements are not followed. See Policies Section 4, Application. The airport may revoke permits and order permittees to leave if they violate appli- cable requirements. See Policies Section 4. Features: The regulations include common loca- tion and conduct restrictions. See Policies Section 4, Application. Solicitations: Permittees are not allowed to sell literature or other items. See Policies Section 4. Newsracks/Commercial Matters: Advertising: Advertising displays are contractual concessions that are used to maximize revenues. They are not a forum for public expression. Advertisements are

50 subject to the airport’s approval and may do no more than propose the sale of goods and services for profit. The city maintains neutrality on politi- cal and religious issues, and advertisements may not be profane, obscene, or sexual, or depict to- bacco products, illegal activity, or violence. See Contract. Newsracks: Vendors must enter annual license agreements to place newsrack machines in the airport’s facilities. See License Agreement. State: California Airport: Oakland International Airport (OAK), Oakland, California 2012 Passengers: 10,040,864 Airport—Port of Oakland: Board of Port Commis- sioners, City of Oakland, Port Ordinance 4091 (the “Rule”) (available from port). Noncommercial Speech: Authorization: The airport requires a permit to leaflet, picket, solicit, display signs, or otherwise attempt to communi- cate views. Applications must be submitted at least 24 hours in advance, and the airport acts within 24 hours after submission (and at least 3 hours before a proposed start time). Permits are valid up to 30 consecutive days (and are renew- able month-to-month up to 1 year). Permits des- ignate locations and state other terms and are issued on a “first come” basis (based on the permit issuance date). Competing requests are placed on a waiting list. See Rule Sections 9.6, 9.5. Denial/Termination: The airport’s failure to timely respond to an application constitutes a de- nial. See Rule Section 9.6. The airport may termi- nate a permit for any violation of the rules (effec- tive upon mailing a notice stating the reason), and the permittee is then ineligible to receive permits for 6 months. See Rule Section 9.7. The airport may issue cease and desist orders for violations and can remove persons who fail to comply. See Rule Sections 11.1, 11.2. Activities must stop dur- ing declared emergencies. See Rule Section 9.9. Appeals: After receiving an order, penalty, or permit denial, an aggrieved party has 10 days to request a review, and an official provides a deci- sion within 10 days. The party can then request a hearing within 10 days, and the airport appoints a hearing officer within 10 days to conduct an evi- dentiary hearing. The party can appeal a decision to the director, who makes a final decision based on the written record. See Rule Section 11.3. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as express statements that pro- vide the airport is not a public forum and prohibit consideration of content, and requirements for badging, giving receipts, and verifying nonprofit status. See Rule Section 9.6, 9.2, 9.5, 9.8-9.11, Preamble. Solicitations: Solicitations are limited to areas in specified terminal and parking locations. See Rule Section 9.5. Picketing: Picketing is similarly limited, and signs may not be attached to hard objects. See Rule Sec- tion 9.5. Handbills: Handbills are similarly limited. See Rule Section 9.3. Newsracks/Commercial Matters: Newsracks: Vendors must annually request space for a news- rack machine in the airport’s facilities. Space is allocated based on accommodating all requests and considering those with the greatest circula- tion or publication days. See Rule Section 9.12. Surveys: Conducting polls, questionnaires, or sur- veys requires prior written permission. See Rule Section 3.6. State: California Airport: Sacramento International Airport (SMF), Sacramento, California 2012 Passengers: 8,296,174 Airport: Sacramento County Airport System Non- Commercial Demonstration Permits (the “Rule”) (published as of December 19, 2013) (available from airport). Sponsor—Sacramento County: Code of Sacra- mento County, California, Title 11 (the “Code”) (published as of November 28, 2013) (available at http://qcode.us/codes/sacramentocounty/). Noncommercial Speech: Authorization: The airport requires a permit for noncommercial dem- onstration or solicitation (including picketing, as- sembling, distribution of literature, and requests

51 for value). See Rule Sections A, B.1; Code Section 11.20.200. The application must be submitted at least 3 business days (but not more than 3 weeks) in advance. See Rule Section B.2. Permits desig- nate locations and maximum participants and state other terms. See Rule Section C.3. Denial/Termination: The airport issues permits except with notice of grounds for denial, and grounds include specified holiday dates, elevated security conditions, and past permit revocations. See Rule Sections B.4, C, D.2. The airport may terminate or alter permits for elevated security conditions. See Rule Section C.2. Permits are im- mediately revoked upon three or more violations of the rules or permit terms in a 10-day period (with notice of the grounds for acting), and the permittee is ineligible to receive permits for 6 months thereafter. See Rule Section D.2. Violation notices order the violator to refrain. See Code Sec- tion 11.20.260. The airport’s procedures may be altered or suspended for emergencies or threats, and permits may be suspended, amended, or re- voked for any exigent circumstances to preserve safety and operational needs. See Rule Sections A.2, D.1. Appeals: An aggrieved person may appeal a deci- sion to the County Board of Supervisors, which determines whether the airport’s decision was correct and reasonable. See Code Section 11.20.270. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as requiring permit display or in- spection, an indemnity, and a verification of non- profit status. See Rule Sections C, B.2, B.3. Solicitations: The airport prohibits solicitations for personal information and for the immediate receipt of funds. See Rule Sections A, C.6, C.10. Picketing: The airport imposes various require- ments, including special safety accommodations and a prohibition on using poles. See Rule Section C.5, C.7. Handbills: The airport’s requirements include a prohibition on obscene material. See Rule Section C.5. Newsracks/Commercial Matters: Advertising: The airport addresses advertising contractually and does not approve certain ads such as political advertising. See contract available from airport. Commercial Photography: The airport requires written permission (except when for news cover- age or to stimulate interest in air travel). See Code Section 11.20.210. State: California Airport: San Diego International Airport (SAN), San Diego, California 2012 Passengers: 17,250,265 Airport—San Diego County Regional Airport Au- thority. San Diego County Regional Airport Authority Code (the “Code”) (published as of August 29, 2013) (available at http://www.san.org/sdcraa/ about_us/codes_policies.aspx). San Diego County Regional Airport Authority Policies (the “Policies”) (published as of August 29, 2013) (available at http://www.san.org/sdcraa/ about_us/codes_policies.aspx). San Diego International Airport Expressive Ac- tivities Authorization Policy and Application (the “EA Policy”) (published as of August 29, 2013) (available from airport). Noncommercial Speech: Authorization: The airport requires a permit to solicit funds or infor- mation, distribute merchandise, assemble, picket, demonstrate, or petition. See Code Section 8.40; EA Policy, page 1. The airport processes applica- tions within 2 business days. EA Policy, page 2. A permit to distribute merchandise and solicit is valid for 90 days, and a permit to survey, picket, and gather petition signatures is valid for 7 days. See EA Policy, page 2. Permits designate locations and state other terms and are issued on a “first come” basis (they may be restricted to fairly ac- commodate competing requests). See EA Policy, page 2. Denial/Termination: The airport issues permits unless space is being occupied. See EA Policy, page 2. Permits may be revoked for a violation of any provision of the permit instructions, and upon notice, the permittee must cease all activities. See EA Policy, page 4. Appeals: An aggrieved party has 10 days to appeal, and an official provides a decision within

52 10 days. The party may then appeal to the board within 10 days, which makes a final decision (activities may not resume prior to this decision). See EA Policy, page 4. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly prohibiting actions based on content and requiring permit display or inspection and an indemnity. See EA Policy, pages 2 and 4. Solicitations and Other: Solicitations are re- stricted to outside the terminal buildings, and so are conducting surveys, picketing, assembling, and seeking petition signatures. See Code Section 8.40; Policy, pages 1 and 4. Groups of more than 25 cannot congregate without prior approval. See Code Section 7.40. Newsracks/Commercial Matters: Advertising: Advertising contracts are negotiated to increase airport revenues, and displays are subject to cer- tain review to prevent interference with airport operations. See Policies Section 9.10. Newsracks: The airport identifies newsrack locations. See http://www.san.org/sdcraa/business/real_estate/ advertising.aspx. State: California Airport: San Francisco International Airport (SFO), San Francisco, California 2012 Passengers: 44,399,885 Airport: San Francisco International Airport Rules and Regulations (the “Rules”) (published as of November 28, 2013) (available at http://www. flysfo.com/about-sfo/the-organization/rules-and- regulations). Noncommercial Speech: Authorization: The airport requires a permit to engage in free speech and expressive activities. See Rule Section 13.6. Applicants must give at least 72 hours written notice, and the airport acts within 72 hours (or less time if periods are not reasonable). Permits are valid only for their stated times and cannot exceed the end of each calendar month. Permits designate locations and state other terms and are issued on a “first come” basis. See Rule Section 13.6. Denial/Termination: The airport may deny appli- cations if activities are not consistent with airport operations, business, or pedestrian flows (with notice of applicable reasons). See Rule Section 13.6. Permits may be suspended or terminated (with notice) for violating the rules or any law. If a permit is terminated for cause, the airport re- vokes all issued permits, and the permittees are ineligible for 6 months. See Rule Section 13.8. Permits may be suspended immediately and without notice for emergencies. See Rule Section 13.9. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as provisions expressly prohibit- ing actions based on content and making detailed findings and requirements for badging and for verifying nonprofit status. See Rule Sections 13.1– 13.3, 13.4, 13.6, 13.7. Solicitations: The airport restricts solicitations to those that will be received in the future (and makes findings supporting the restriction). See Rule Section 13.5. State: Colorado Airport: Denver International Airport (DEN), Denver, Colorado 2012 Passengers: 53,156,278 Airport: Airport Rules and Regulations (the “Rule”) (published as of September 17, 2013) (available at: https://business.flydenver.com/info/ research/rules/index.asp). Noncommercial Speech: Authorization: The airport requires a permit to engage in leafleting, display of signs, signature gathering, solicitation, and other speech-related activity. See Rule Sec- tions 50.01, 50.03. Applications must be submit- ted at least 7 but no more than 30 days in ad- vance. No permit is issued for more than 31 days. Permits designate locations and state other terms and are issued on a “first come” basis (competing requests can be placed on a waiting list). See Rule Section 50.04. Denial/Termination: The airport issues a permit if space is available and permit requirements are met. See Rule Section 50.04. A permit may be re- voked for a violation of the rules and may be re- voked or suspended for emergencies or circum-

53 stances that disrupt airport operations. See Rule Section 50.14. Appeals: An aggrieved party has 30 days to appeal a denial or revocation. The airport conducts hear- ings as expeditiously as possible in accordance with municipal code, and it may make use of a hearing officer. Final determinations are subject to judicial review pursuant to state law. See Rule Section 50.15. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that issuing a permit is a ministerial function and prohibiting consideration of content; requiring picketers to identify targeted employers and other measures to prevent workplace disruptions; and requiring badging, permit display or inspection, verification of nonprofit status, and compliance with charita- ble solicitation and political activity laws. See Rule Sections 50.04–50.08, 50.10–50.13, 50.16. Solicitations: Solicitations shall be for future re- ceipt, and no receipt of value shall take place at the airport. See Rule Sections 50.06, 50.08, 50.13. Picketing: Non-labor picketing is prohibited in terminals and on roads and cannot involve more than two persons per location. See Rule Section 50.09. Surveys: Speech regulations do not prohibit ten- ant surveys in exclusive leaseholds. See Rule Sec- tion 50.03. Newsracks/Commercial Matters: Newsracks: Vendors must license space in the airport’s com- mon use newsrack installations, which are used to assure access, traffic flow, a pleasant atmosphere, and to meet revenue obligations. Newsstands must be uniform in type and provide a prominent display area for headlines. See Rule Section 60. State: District of Columbia Service Area— Virginia (Metropolitan Washington Airports Authority) Airport: Washington Dulles International Airport (IAD), Washington, D.C. 2012 Passengers: 22,408,105 Airport: Ronald Reagan Washington National Air- port (DCA), Washington, D.C. 2012 Passengers: 19,630,213 The Metropolitan Washington Airports Regula- tions (the “MWAR”) (published as of November 23, 2013) (available at http://www.mwaa.com/ 2838.htm). Metropolitan Washington Airports Authority Or- ders and Instructions 7-4-1 CHG1, Commercial Photography or Video, Motion Picture, and Tele- vision Filming at Ronald Reagan Washington Na- tional Airport and Washington Dulles Interna- tional Airport (Order 7-4-1) (published as of November 28, 2013) (available at http://www.mwaa.com/2838.htm). Metropolitan Washington Airports Authority Air- port Solicitation Permit Application (the “Form”) (published as of September 2, 2013) (available from airport). Metropolitan Washington Airports Authority Con- cession Contract (the “Contract”) (published as of September 2, 2013) (available from airport). Noncommercial Speech: Authorization: The airport requires a permit for soliciting funds, demonstrations or gatherings, or the distribution of literature. See MWAR Section 7.5; Form. The airport processes applications in the order re- ceived and acts without delay. Applications may not be submitted more than 30 days in advance, and a single organization may not reserve more than one-third of a day’s permits in advance. Permits are valid for up to 48 hours. Permits des- ignate locations, and competing requests are allo- cated on a “first come” basis. See MWAR Section 7.5. Denial/Termination: The airport may deny appli- cations when space is occupied, activities cannot be accommodated in the requested area (based on airport needs), requested locations are not desig- nated for the activity, or the applicant has serious or repeated rule violations. See MWAR Section 7.5. The airport may revoke a permit for rule vio- lations, for emergency circumstances, or if activi- ties can no longer be reasonably accommodated due to changed circumstances. See MWAR Section 7.7. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as requiring a verification of fed-

54 eral and state nonprofit status. See MWAR Sec- tions 7.4–7.6, 7.8, Form. Solicitations: The airport prohibits solicitations for immediate payment inside the terminals or other structures (unless engaged in under a con- cession contract with the airport). See MWAR Sec- tion 7.4. Newsracks/Commercial Matters: Advertising: Commercial advertising requires an airport con- cession contract. See MWAR Section 7.3. The air- port approves displays, and advertising must meet guidelines generally accepted in the indus- try for family advertising. See Contract. Commer- cial Photography: Parties must submit a request for permission to film (except for news coverage or for personal use). The airport will not approve certain fictional scenes, including gun play, secu- rity breaches, and aircraft crashes, and scripts are reviewed in advance. See Order 7-14-1. State: Florida Airport: Ft. Lauderdale–Hollywood International Airport (FLL), Fort Lauderdale, Florida 2012 Passengers: 23,707,784 Sponsor—Broward County, Florida (available at http://www.municode.com/Library/FL/Broward_ County). Code of Broward County, Florida, Part II, Chapter 2 (the “Code”) (published as of November 29, 2013). Administrative Code of Broward County, Florida (the “Admin. Code”) (published as of November 29, 2013). Noncommercial Speech: Authorization: The airport requires an approved registration form to distribute literature, picket, and display signs. A permit is required to solicit funds. See Code Sec- tions 2-40, 2-81, 2-90. A registration form is is- sued immediately once the application is com- plete, and it is effective for 1 year. Registrants can conduct activities at any time if airport badges are available when requested (badges for locations are given on a “first come” basis). See Code Sections 2- 82, 2-84, 2-85; Admin. Code Section 26.27. For a solicitation permit, the airport may further inves- tigate the application and shall act within 7 days. Permits are valid for 1 year, and permittees must give at least 3 days’ advance notice of conducting activities (which may not exceed 1 week). Badges for locations are given on a “first come” basis. See Code Sections 2-92, 2-93; Admin. Code Sections 26.27. Denial/Termination: With notice, the airport may deny a registration form application for incom- plete information, commercial activity, activity that requires a solicitation permit, emergency conditions that make activities incompatible, un- true statements, and a lack of responsible super- vision. It may revoke registration forms for legal violations, activities adverse to health or safety, or discovery of misrepresentation. See Code Sec- tions 2-83, 2-87. Solicitation permits are subject to similar requirements for denial and revocation. See Code Sections 2-92, 2-97. A revocation pre- cludes a new application for 6 months. See Code Sections 2-87, 2-97. Appeal: Upon notice that a registration form is denied, the county attorney shall, within 7 days, submit the denial notice to a hearing officer, who shall conduct an evidentiary hearing within 15 days and enter a decision within 7 days (which may be judicially appealed). See Code Section 2- 83. Solicitation permits are subject to a similar process. See Code Section 2-92. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as express findings, and require- ments for badging and verification of nonprofit status. See Code Sections 2-80–2-82, 2-85, 2-86, 2- 89–2.91, 2-94. Solicitation: State law imposes requirements on the solicitation regulations that airports may adopt. See Fla. Stat. Sections 496.425, 496.4255 (through 2013 Reg. Sess.). Newsracks/Commercial Matters: Advertising: Advertising is a privilege and service awarded by competitive proposal. See Admin. Code Section 26.4. Newsracks: Newsracks are a privilege and service awarded by competitive proposal. See Admin. Code Section 26.4. State: Florida Airport: Miami International Airport (MIA), Miami, Florida 2012 Passengers: 39,467,444

55 Sponsor—Miami-Dade County, Florida: Code of Miami–Dade County, Florida, Part II, Chapter 25 (the “Code”) (published as of November 29, 2013) (available at http://www.municode.com/Library/ FL/Miami_-_Dade_County). Noncommercial Speech: Authorization: The airport requires parties to deliver a written notice before participating in speechmaking or distribu- tion of written materials. Applicants must submit their notice at least 5 working days in advance, and the airport responds within 5 working days. The airport’s response designates locations (and may resolve conflicting requests) and may state other restrictions after making a finding that they are necessary for the airport’s safe and orderly use. See Code Section 25-2.2. Denial/Termination: After giving notice, persons are permitted to conduct their activities subject only to the restrictions identified in the airport’s response. The airport is empowered to restrict activities for emergencies or other conditions that disrupt airport operations, and it imposes other restriction as stated above. See Code Section 25- 2.2. Appeal: If an application is denied, within 5 days the county attorney files a court action to deter- mine whether the activity may be prohibited. The county must use every reasonable effort to have the issue heard on the merits without delay. If the matter is not decided on the merits within 10 days, the applicant may engage in the activities until there is a final, non-appealed judicial deter- mination. See Code Section 25-2.2. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as badging (identification cards). See Code Sections 25-2.2, 25.2-3, 25.2-7 to 25.2.10. Solicitations: No person shall solicit and receive contributions of value for any purpose in the ter- minal. See Code Section 25-2.2. Applicable state laws do not require the airport to permit solicita- tions for value. See Fla. Stat. Sections 496.425, 496.4255 (through 2013 Reg. Sess.). Picketing: Lawful demonstrations may only be conducted on roads, rights-of-way, or sidewalks in accordance with reasonable procedures estab- lished by the airport. Demonstrations are unlaw- ful in the terminal. See Code Section 25-2.8. Handbills: Noncommercial distribution shall only be conducted on roads and sidewalks pursuant to the airport’s procedures, except as the airport may otherwise permit. See Code Section 25-2.1. Newsracks/Commercial Matters: Commercial Photography: The airport requires a permit or other authorization (except for news coverage). See Code Section 25-3.2. State: Florida Airport: Orlando International Airport (MCO), Orlando, Florida 2012 Passengers: 35,288,887 Airport—Greater Orlando Aviation Authority (all published as of November 29, 2013). Policy Statement Regarding Distribution of Lit- erature and Solicitation of Donations at Airport Facilities (the “Policy”) (available from authority). General Conditions for Picketing at the Orlando International Airport (the “GC”) (available from authority). Greater Orlando Aviation Authority Ground Transportation Rules and Regulations (the “GTRR”) (available at http://orlandoairports.net/ gt/docs/gt_regulations.pdf). Noncommercial Speech: Authorization: The airport requires a permit to distribute noncom- mercial literature and picket. This allows solicita- tions for value by distribution of written requests, but in-person solicitations are not allowed. The airport reviews applications for sufficiency and acts within 2 business days. Permits (except a picketing authorization) are valid for 6 months. For picketing, the airport meets to discuss proce- dures, and following the meeting the director is- sues a letter authorizing specific locations and procedures (if they do not interfere with the pub- lic). See Policy Section B; GC Section II. Permits and authorizations designate locations and state other terms, and space is allocated on a “first come” basis (excess demand is placed on a waiting list). See Policy Sections D, E; GC Section II. Denial/Termination: If the airport fails to act in 2 business days, it is considered a denial. See Policy Section B. The airport may suspend or revoke a permit for good cause shown, which includes pol-

56 icy violations, complaints that are continued and substantial, acts adverse to safety and health, and misrepresentation. If revoked, new permits may not be issued for 6 months. See Policy Section I. The airport withdraws authorization to picket for violations of the specified requirements. See GC Section III. Permits may be suspended for emer- gencies. See Policy Section H. Appeals: An aggrieved party has 5 days to appeal a denial, suspension, or revocation. The airport gives notice of an evidentiary hearing at least 5 days in advance, and the executive director can affirm or reverse the initial decision. See Policy Section C. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as express provisions prohibiting consideration of content and providing that the airport can restrict activities to the full extent permitted by law, and requirements for accident reporting, badging, and specific picketing re- quirements. See Policy Sections B, D–G, K, L; GC Sections II, III. Solicitations: The airport prohibits the in-person solicitation of funds. See Policy Sections B, G. State law imposes requirements on airport solici- tations, but does not require the airport to permit the activity. See Fla. Stat. Sections 496.425, 496.4255 (through 2013 Reg. Sess.). Picketing: Tenant and contractor employees may only picket in specified areas near worksites. See GC Section I. State: Florida Airport: Tampa International Airport (TPA), Tampa, Florida 2012 Passengers: 16,820,859 Airport—Hillsborough County Aviation Authority (all published as of November 29, 2013; available from airport). Hillsborough County Aviation Authority Rules and Regulations for Tampa International Airport, No. R340 (the “Rules”) Aviation Authority Standard Procedure No. S341.01 (“Procedure S341.01”). Noncommercial Speech: Authorization: The airport requires a permit to conduct First Amendment activities, which include leafleting and picketing. See Rules Sections 4.1–4.3. Nor- mally the airport acts within 3 hours from receipt of the application. A permit authorizes activities for up to 30 consecutive days and can be renewed month-to-month for 1 year. Permits designate lo- cations that are assigned daily on a “first come” basis. Competing requests are decided equitably, such as by lots. See Rules Sections 4.3, 4.4; Proce- dure S341.01. Denial/Termination: The airport reviews applica- tions for sufficiency of information and compliance with the rules. See Rules Section 4.4. Permits may be terminated for violations (and permittees may be removed). Upon termination, a permittee is ineligible for new permits for 6 months. See Rules Section 4.6. Activities must cease in areas affected by emergencies. See Rules Section 4.7. Appeals: An aggrieved party has 10 days to appeal a permit delay, denial, or termination and explain why the action should be modified. Within 10 days, a fact-finding group of airport employees reviews the request, and the CEO reviews their data and issues a decision. Within 10 days there- after, the aggrieved party can request an informal board hearing. After hearing both sides, the board issues a final decision that a court can review. See Rules Section 4.8. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as express provisions-making findings, requiring a viewpoint-neutral considera- tion, and stating that the airport is not a public forum. See Rules Sections 2.8, 4.3. Solicitations: Solicitation is not permitted for any purpose. See Rules Sections 2.5, 4.4. Applicable state laws do not require the airport to permit the activity. See Fla. Stat. Sections 496.425, 496.4255 (through 2013 Reg. Sess.). Surveys: The airport requires written permission to conduct polls, questionnaires, or surveys. See Rules Section 2.6. Newsracks/Commercial Matters: Newsracks: Vendors must obtain a permit to place a newsrack machine in the airport’s facilities, and the airport has made findings in support of its guidelines. No advertising or commercial displays are permitted

57 on the machines. Space is available on a “first come” basis, and permit decisions will be made on a viewpoint-neutral basis. See Rules Section 4.5. State: Georgia Airport: Hartsfield–Jackson Atlanta International Airport (ATL), Atlanta, Georgia 2012 Passengers: 95,462,867 Airport: Department of Aviation Concessions Management Compliance Standards Manual (Rev. November 2010) (the “Standards”) (avail- able at http://www.atlanta-airport.com/docs/ business/Concessions%20Compliance%20 Standards%20Rev%2011-3-2010.pdf). Sponsor—City of Atlanta: Code of Atlanta, Geor- gia, Part II, Chapter 22 (the “Code”) (published as of November 19, 2013) (available at http://www. municode.com/Library/GA/Atlanta). Noncommercial Speech: Authorization: The airport requires an identification card to distrib- ute literature and solicit funds in designated loca- tions (sales of literature are only allowed commer- cially). See Code Section 22-147. It requires a permit to picket. See Code Section 22.114. For cards, the airport acts forthwith, and cards are valid for 30 days unless the applicant registered for a single period of 24 hours. Cards designate assigned areas on a “first come” basis. See Code Section 22-150. For picketing permits, a person must apply at least 48 hours, but not more than 30 days, in advance, and the airport responds no more than 24 hours after receiving the applica- tion. Permits are valid for 30 days. See Code Sec- tion 22.114. Denial/Termination: The airport may suspend or revoke authorization for violations, after giving notice of grounds and the person’s right to present any defense. A defense must be submitted within 3 days (for authorizations in excess of 5 days) or 24 hours (for authorizations of less than 5 days). The airport may revoke or suspend registrations verbally for emergencies, followed by written con- firmation in 24 hours. See Code Section 22-154. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that the air- port exercises no judgment regarding content (is- suance is a routine, clerical, mandatory function) and imposing requirements for badging and pick- eting. See Code Sections 22-149–22-153, 22.114. Solicitations: Solicitations for the immediate re- ceipt of funds can only be conducted in designated locations outside the terminals, and sales of mate- rials are not allowed. See Code Sections 22-151, 22-153. Newsracks/Commercial Matters: Newsracks: Newspaper boxes are a concession and the airport determines their placement. See Standards Sec- tion 7.2. State: Illinois Airport: O’Hare International Airport (ORD), Chi- cago, Illinois 2012 Passengers: 66,633,503 Airport: Midway International Airport (MDW), Chicago, Illinois 2012 Passengers: 19,408,167 Chicago Department of Aviation Amended Rules and Regulations Governing First Amendment Ac- tivities at the City of Chicago Airports (the “Rules”) (published as of November 30, 2013) (available from airport). Commercial Filming and Photography Approval Procedures (the “Approval Procedures”) (pub- lished as of November 30, 2013) (available at: http://www.flychicago.com/business/en/media/ policy-resources/FilmingPolicy/procedures/ Commercial-Filming-and-Photography-Approval- Procedures.aspx). Sponsor—City of Chicago: Code of Chicago, Illi- nois (the “Code”) (published as of November 30, 2013) (available at http://www.amlegal.com/ library/il/chicago.shtml). Noncommercial Speech: Authorization: The airport requires a permit to engage in distribu- tions, solicitations, or demonstrations. The airport acts on applications within 5 business days. A permit designates locations, and if insufficient space is available, the airport may offer substitute dates, times, and other limitations. See Rules Sec- tion 3. Denial/Termination: The airport may deny per- mits only for noncompliance with application

58 requirements, insufficient space (after offering substitutes), and adverse security conditions. See Rules Section 3. Upon notice, activities shall cease for the duration of any emergency closure or may be limited for security reasons. See Rules Section 5. The airport can revoke permits for false state- ments, acting outside of designated locations or without a permit, violations, or for failing to cease for emergencies or security conditions. The airport may suspend the permit immediately and initiate revocation proceedings. After revocation, permit- tees cannot reapply for 3 months. See Rules Sec- tions 7, 8. Appeals: An aggrieved party has 5 business days to appeal a denial or limitation. The aviation com- missioner then issues a final decision within 5 days that affirms or modifies the initial denial or limitation, and that decision may be appealed to a court. See Rules Section 4. For revocations or tem- porary suspensions, the airport gives notice within 1 business day of an evidentiary hearing to be held within 5 business days. The hearing offi- cer then issues a final decision within 5 business days of the hearing, and that decision may be ap- pealed to a court. See Rules Section 8. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings and requirements for badging, indemnification, and a verification of nonprofit status. See Rules Sections 2, 3, 3.A, 5, 6. Handbills: Distributed materials may not be inde- cent, sexually explicit, portray graphic violence, or be likely to incite lawless behavior. See Rules Sec- tion 3. Newsracks/Commercial Matters: Commercial Photography: The airport requires a written request containing specified information, and it prohibits certain scenes (including security breaches, aircraft crashes, explosions, smoke ma- chines, car crashes, or images identifiable with the airport without its prior consent). See Ap- proval Procedures. State: Indiana Airport: Indianapolis International Airport (IND), Indianapolis, Indiana 2012 Passengers: 7,333,733 Ordinances of the Indianapolis Airport Authority, General Ordinance No. 3 of 1977 (the “Ordi- nance”) (published as of November 30, 2013) (available from airport) Noncommercial Speech: Authorization: The airport requires a permit to distribute literature or receive donations. See Ordinance Section 3. The airport acts within 5 days of a request (for specific requests, the airport will act within 24 hours). Permits shall not exceed 90 days. See Ordinance Section 4. Permits designate locations and state other terms, and solicitations shall only be con- ducted from designated booths. Competing re- quests for space are equitably apportioned. See Ordinance Sections 5, 9, 10. Denial/Termination: The airport may deny appli- cations for unusual or emergency conditions or other valid reasons. See Ordinance Section 4. Ac- tivities must be conducted strictly in conformance with the permit and the rules. See Ordinance Sec- tion 5. Appeals: Within 5 days of denying an application, the airport shall file to obtain a decision in court reviewing the denial and shall exert every rea- sonable effort to have the issue heard on the mer- its without delay. See Ordinance Section 4. Fea- tures: The regulations include common location and conduct restrictions and other protective measures, such as findings, and requirements for insurance, badging, and giving receipts adequate for federal income tax purposes. See Ordinance Recitals, Sections 1, 2, 4, 5, 7–11, 14, 15. State: Louisiana Airport: Louis Armstrong New Orleans Interna- tional Airport (MSY), New Orleans, Louisiana 2012 Passengers: 8,600,860 This summary includes online sources only. Sponsor—City of New Orleans, Louisiana: Code of New Orleans, La. (the “Code”) (published as of November 30, 2013) (available at http://www. municode.com/Library/LA/New_Orleans). Noncommercial Speech: Authorization: Solici- tors in public transportation facilities must obtain a permit from the facility. See La. Rev. Stat. Ann. Section 51:1906 (through 2013 Reg. Sess. Act 97).

59 Denial/Termination: The facility manager may terminate solicitations for emergencies based on facility conditions or may suspend or revoke for good cause (including violating facility restric- tions, public complaints, acts adverse to the pub- lic, and misrepresentations). See La. Rev. Stat. Ann. Section 51:1909 (through 2013 Reg. Sess. Act 97). Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as badging. See La. Rev. Stat. Ann. Sections 51:1905–51:1905.2, 51:1906– 51:1909 (through 2013 Reg. Sess. Act 97). State: Maryland Airport: Baltimore/Washington International Thurgood Marshall Airport (BWI), Baltimore, Maryland 2012 Passengers: 22,679,680 Maryland Aviation Administration (all as pub- lished as of November 30, 2013): Code of Maryland Regulations, Title 11, Subtitle 03, Chapter 01 (the “COMAR”) (available at http://www.dsd.state.md.us/comar/SubtitleSearch. aspx?search=11.03.01.*). BWI Tenant Directive 601.1 (“Directive 601.1”) (available from airport). BWI Tenant Directive 602.1 (“Directive 602.1”) (available from airport). Noncommercial Speech: Authorization: The airport requires a written authorization to picket and to proselytize (activities to convert recruits to one’s faith or cause, including distribution of lit- erature and solicitation for value and for signa- tures). See COMAR Section 11.03.01.08(B), (E), (F); Directive 601.1(II), (III). Proselytizers must submit a written request to the airport before each 14-day period (or portion thereof) when they desire to engage in activities. The airport grants authorization for no more than 14 days, which may be renewed based on availability. See Direc- tive 601.1(II). Proselytizers must “check in” each day, and designated locations are assigned on a “first come” basis. See Directive 601.1(III). Picket- ers must first meet with the airport to discuss times and procedures, and those requirements will be placed in their authorization letters. See Directive 602.1(III). Denial/Termination: The airport can immediately ask proselytizers to leave for an infraction (not to exceed 24 hours). With a sworn complaint regard- ing repeated violations, the airport can require longer expulsions and prosecutions. See Directive 601.1(IV). For picketers, the airport may with- draw authorization for violations. See Directive 602.1(III). Appeals: A proselytizer who is subject to expulsion for rule violations must first have an opportunity to request a hearing, and at the hearing, both par- ties may be represented by counsel. See Directive 601.1(IV). Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as badging, prohibiting claims of government endorsement, and specific require- ments for picketers. See COMAR Section 11.03.01.08(B), (F); Directives 601.1(II), (III); 602.1(II), (III). Solicitations: Solicitation activities are limited solely to one location that is configured with a ta- ble. See Directive 601.1(III). Picketing: Picketers who are employees of termi- nal tenants may picket at designated terminal locations, and other employee picketers may be near job sites (but not in secure areas). See Direc- tive 602.1(II). State: Michigan Airport: Detroit Metropolitan Wayne County Air- port (DTW), Detroit, Michigan 2012 Passengers: 32,205,358 Airport—Wayne County Airport Authority: Wayne County Airport Authority Airport Ordi- nance (the “Ordinance”) (published as of Novem- ber 30, 2013) (available at http://www.metroair port.com/Portals/0/PDF/WCAA_Airport_ Ordinance_Mar2013.pdf). Noncommercial Speech: Authorization: The airport requires a permit for distribution of litera- ture, proselytizing, cause advocacy, or nonprofit solicitation of funds (for future receipt only), and a separate permit is required for picketing. See

60 Ordinance Sections 14.7, 15.4. The airport uses standard application requirements, and it also expressly requires its actions to be content neu- tral. Applications may not be filed more than 8 weeks in advance. See Ordinance Sections 14.3, 14.7, 15.3, 15.6. The airport acts within 3 business days. Permits are for the lesser of the requested period or 5 days. Permits designate locations and are issued on a “first come” basis (competing ap- plicants may agree to divide available space, or the airport will rotate activities in between 15–60 minute increments). See Ordinance Section 14.9. Picketing permits are issued under similar terms, except they are renewable. See Ordinance Section 15.8. Denial/Termination: Permits are issued unless the activities are not within the terms of the ordi- nance, there is an ordinance violation, or the activity is an incitement to crime, fighting words, a true threat, or obscene. See Ordinance Section 14.9. The airport may revoke a permit for any legal violation, and upon notice the permittee must immediately cease. See Ordinance Sections 14.14, 15.13. Activities may be suspended for the duration of an emergency. See Ordinance Sections 14.11, 15.10. Appeals: An aggrieved party may request an appeal at the time of the denial or revocation. The airport then applies for a judicial review within 2 court days and makes every rea- sonable effort to obtain a decision on the merits without delay. If the court does not decide the merits within 30 days (and an injunction is not entered), an interim permit is deemed granted. Proceedings may be dismissed for a permittee’s failure to cooperate. See Ordinance Sections 14.15, 15.14. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings; an express require- ment that actions be content-neutral; specific pub- lic records requirements; and requirements for badging, indemnification, and picketing. See Ordinance Sections 14.1–14.3, 14.7, 14.10–14.13, 14.16, 15.1–15.3, 15.6, 15.7, 15.9–15.12, 15.15, 15.17. Solicitations: The airport prohibits in-person solicitation for immediate receipt of funds and the sale of merchandise. See Ordinance Section 14.5. State: Minnesota Airport: Minneapolis/St. Paul International Air- port (MSP), Minneapolis, Minnesota 2012 Passengers: 33,215,768 Airport—Metropolitan Airports Commission (all as published as of December 1, 2013). Ordinance Number 47, Constitutionally Protected Expression (“Ord. 47”) (available at http://www. metroairports.org/Airport-Authority/Metropolitan -Airports-Commission/Administration/Bylaws- and-Ordinances.aspx). Sample Permit (“Sample”) (available from airport). Noncommercial Speech: Authorization: The airport requires a permit for constitutionally pro- tected, organized, and systematic communicative activities (including noncommercial sales, solicita- tions, distribution of literature, picketing, demon- strations, and seeking petitions). Applicants must file at least 3 days in advance, and the airport acts within 2 days. A permit shall not exceed 1 month, and it designates locations and states other terms. Space is available on a “first come” basis, and the airport may resolve competing re- quests by requiring the use of an applicant’s al- ternate choice or another location. See Ord. 47 Section 2. Activities must be conducted outside the terminals. See Sample. Denial/Termination: The airport issues permits unless it determines that the proposed activity is not constitutionally protected expression. See Ord. 47 Section 2(G). Conduct violations are a misde- meanor. See Ord. 47 Section 5. Appeals: An ag- grieved party has 5 days to appeal a denial, and then within 5 days, the airport initiates legal ac- tion to enjoin the proposed activity. The airport exerts every reasonable effort to obtain a decision on the merits as soon as possible. If the matter is not heard on the merits within 15 days after fil- ing, the airport issues an interim permit until there is a judicial decision and all appeals have expired or been decided. See Ord. 47 Section 2(G). Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings, and requirements for badging and verification of nonprofit status. See Ord. 47 Recitals, Sections 2-4; Sample.

61 Solicitations: Solicitations may only be conducted from booths in specified terminal locations. See Ord. 47 Section 2. State: Missouri Airport: Lambert-St. Louis International Airport (STL), St. Louis, Missouri 2012 Passengers: 12,688,726 Airport: Rules Regulating Time, Place and Man- ner of Expressive Activities, Literature Distribu- tion and Solicitation in Unsecured Areas of Lam- bert-St. Louis International Airport (the “Rules”) (published as of December 19, 2013) (available from airport). Sponsor—City of St. Louis: Code of St. Louis, Mis- souri, Title 8, Chapter 84 (the “Code”) (published as of December 23, 2013) (ordinances available at http://www.slpl.lib.mo.us/cco/code/). Noncommercial Speech: Authorization: The airport requires a permit to conduct any protest, proselytization, propagandizement, distribution of literature, or solicitation. See Rules Sections 2, 3, 6. Applications must be submitted at least 7 cal- endar days in advance, and permittees must give daily notice upon their arrival. A permit cannot exceed 30 calendar days. Permits designate loca- tions and state other terms, and the airport may apportion the use of space equally to accommo- date all applicants. See Rules Section 3. Denial/Termination: The airport can wholly or partially restrict or suspend permitted activities for emergencies that disrupt normal airport op- erations, threats, strikes, riots, power failures, or other circumstances that disrupt normal airport operations. See Rules Section 5. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings and a provision stat- ing that applicants need not identify the view- point that they will communicate. See Rules Sec- tions 1, 3, 4; Permit Form. Solicitations: Solicitations are also subject to city permitting requirements (which impose addi- tional requirements). See Code Sections 8.84.020, 8.84.030, 8.84.040–8.84.130. State: Nevada Airport: McCarran International Airport (LAS), Las Vegas, Nevada 2012 Passengers: 40,799,830 Airport: McCarran International Airport Rules and Regulations (the “Rules”) (published as of De- cember 24, 2013) (available at https://cms. mccarran.com/dsweb/Get/Document-105188/ Operating%20Rules%20and%20Regulations.pdf). Sponsor—Clark County, Nevada: Code of Clark County, Nevada (the “Code”) (published as of December 24, 2013) (available at http://www. municode.com/Library/NV/Clark_County). Noncommercial Speech: Authorization: The airport requires a permit for demonstrations, dis- tributing written material, picketing, or any other First Amendment activity. The airport acts within 3 working days or, for picketing, 1 working day. Permits expire not more than 60 days from issu- ance. A permit designates locations and states other terms and can include restrictions necessary for the airport’s safe and orderly use. See Rules Section IV, pages 8–12. Denial/Termination: The airport may deny appli- cations for a lack of full disclosure, untrue state- ments, a permit revocation in the past 60 days, or commercial activity. The airport may cancel a permit with 24 hours notice for violating require- ments. It may cancel without notice if a violation threatens public safety. See Rules Section IV, pages 11–12. Appeals: An aggrieved party has 3 working days to appeal a denial (1 working day for picketing applications). The county commissioners hear the appeal at their next regular meeting and may grant, deny, reinstate, or refuse reinstatement. See Rules Section IV, page 11. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings and requirements for badging, prohibiting claimed endorsements, ex- press public records requirements, specific picket- ing requirements, and requirements for disclosure of past permit violations. See Rules Section IV, pages 8–10, 12–16; Code Section 20.04.070.

62 Solicitations: Solicitations and sales cannot take place inside an airport terminal building, parking area, or structure, or their adjacent sidewalks. See Rules Section IV, page 14. The county also im- poses additional soliciting registration require- ments and restrictions. See Code Section 6.58.020. Picketing: Picketing must take place outside the terminal. See Rules Section IV, page 14. Newsracks/Commercial Matters: Commercial Photography: The airport requires authorization to make recordings for commercial, training, or education purposes (except for news coverage). See Rules Section IV, pages 7–8. Ground Trans- portation: Ground transportation personnel, when transferring persons at an airport, must greet po- tential passengers by saying “may I help you,” “good morning,” “good afternoon,” or “good eve- ning” (as part of a prohibition on soliciting). See Nev. Admin. Code Section 706.228 (through July 31, 2013). State: New Jersey Airport: Newark Liberty International Airport (EWR), Newark, New Jersey 2012 Passengers: 33,993,962 See New York, Port Authority of New York and New Jersey. State: New York Airports: Port Authority of New York and New Jersey: John F. Kennedy International Airport (JFK), New York, New York 2012 Passengers: 49,291,765 LaGuardia Airport (LGA), New York, New York 2012 Passengers: 25,712,030 Newark Liberty International Airport (EWR), Newark, New Jersey 2012 Passengers: 33,993,962 The Port Authority of New York and New Jersey Airport Rules and Regulations (the “Rules”) (pub- lished as of December 24, 2013) (available at http://www.panynj.gov/airports/pdf/ Rules_Regs_Revision_8_04_09.pdf). This summary includes online sources only. Noncommercial Speech: Authorization: The airport requires a permit for distributing litera- ture. Each person must submit his or her name in writing to the airport in question at least 24 hours in advance and report arrivals and departures. See Rules Section XV.B. Distribution is permitted only at specified locations on a “first come” basis. See Rules Section XV.B. Denial/Termination: An airport may deny or sus- pend any permit or permission for emergencies (dangerous conditions that substantially interfere with airport operations). See Rules Section XIV.A. An airport also may prohibit distribution when conditions for the use of a designated space create a danger or interfere with airport operations. See Rules Section XV.B. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as badging. See Rules Section XIV.D, XIV.E, XIV.F, and XV.B. Solicitations: The solicitation and receipt of funds are prohibited in any building or structure, and the following noncommercial activities are also so prohibited: distribution of merchandise; provision of service; distribution of raffle tickets; and entry into or conducting a game of chance. See Rules Section XV.B. State: North Carolina Airport: Charlotte Douglas International Airport (CLT), Charlotte, North Carolina 2012 Passengers: 41,228,372 This summary includes online sources only. Sponsor–City of Charlotte: Code of Charlotte, North Carolina (the “Code”) (published as of December 24, 2013) (ordinances available at http://www.municode.com/Library/NC/Charlotte). Noncommercial Speech: Authorization: The airport requires a permit for solicitation, distribu- tion of literature, and demonstrating. See Code Sections 4-69, 4-71, 4-72. Applicants must submit their applications at least 3 days in advance. See Code Section 4-69. Permits are valid for 14 days. See Code Sections 4-72, 4-75. Permits designate

63 locations and state other terms. See Code Section 4-75. Denial/Termination: The airport may deny appli- cations or cancel permits for false statements on the application or violations of the terms of past permits. See Code Section 4-74. Appeals: Features: The regulations include com- mon location and conduct restrictions and other protective measures, such as findings and re- quirements for badging, disclosure of certain criminal convictions, picketing, and providing cop- ies of corporate charters. See Code Sections 4-67, 4-69, 4-72, 4-75, 19-303. Solicitations: Solicitation is restricted to side- walks outside the terminal. See Code Section 4-75. Picketing: Picketing limited to sidewalks outside the terminal building. See Code Section 4-72. Handbills: The distribution of free literature may occur inside or outside the terminal building. See Code Section 4-75. Newsracks/Commercial Matters: Commercial Photography: The airport must give its prior per- mission (except for news coverage). See Code Sec- tion 4-33. State: North Carolina Airport: Raleigh-Durham International Airport (RDU), Raleigh-Durham, North Carolina 2012 Passengers: 9,220,391 Airport—Raleigh-Durham Airport Authority (all as published as of September 9, 2013) (available from airport). Ordinances of Raleigh-Durham Airport Authority (the “Code”). Policy Managing Publication Distribution Using Vending Devices at Raleigh-Durham Interna- tional Airport and Permit Application (the “Vend- ing Policy”). Raleigh-Durham Airport Authority Policy on Commercial Advertising (the “Advertising Pol- icy”). Noncommercial Speech: Authorization: The airport requires a permit to distribute written matter and to demonstrate (including picketing and assembling). See Code Sections 7-4, 7.5. Ap- plicants must submit a complete application at least 7 days in advance, and a permit is valid for up to 7 days. See Code Section 7-8. Permits desig- nate locations and state other terms, and issuance is subject to availability. See Code Section 7-7. Denial/Termination: The airport may deny an application for false information, a failure to com- ply with required times, a lack of available space, and code noncompliance, and may impose restric- tions aimed at assuring the airport’s safe and or- derly use. See Code Sections 7-7, 7-8. Appeals: The airport’s expression requirements are not exclu- sive, and they do not preclude the airport from proceeding under other laws or relieve any party from obligations to comply with applicable laws. Violations of requirements are unlawful and pun- ishable as stated. See Code Section 7-12, 7-13. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that permits are assigned on a nondiscriminatory basis and requiring information regarding the potential for hostile actors. See Code Sections 7-6 to 7-9, 7-11. Solicitations: Persons may not engage in the sale of written matter or the solicitation of funds or other value. See Code Sections 7-1, 7-2. Newsracks/Commercial Matters: Advertising: The airport (or its concessionaire) displays adver- tising in the facilities to generate maximum reve- nues, and it does not select displays that would disrupt airport traffic, revenues, operations, or business. See Advertising Policy. Newsracks: Un- managed newsracks would unreasonably interfere with public use of the airport, be aesthetically dis- pleasing, constitute a safety hazard, and ad- versely impact airport and concessionaire reve- nues, and they should be governed by reasonable content- and viewpoint-neutral time, place, and manner regulations. See Vending Policy Section II. Vendors are subject to an annual permitting process that is administered to permit access. See Vending Policy Section IV. A machine may dis- play only the publication name, a customer ser- vice number, purchase directions, and a window to display one publication. See Vending Policy Section III.

64 State: Oregon Airport: Portland International Airport (PDX), Portland, Oregon 2012 Passengers: 14,390,627 Portland International Airport: Portland Interna- tional Airport Rules (the “Rules”) (published as of December 24, 2013) (available at http://www. portofportland.com/Rules_Ord_Pol.aspx). Sponsor—Port of Portland: Airport Operations, Ordinance No. 423-R of the Port of Portland (the “Ordinance”) (published as of December 24, 2013) (available at http://www.portofportland.com/Rules _Ord_Pol.aspx). Noncommercial Speech: Authorization: The airport requires a permit for all free speech activi- ties, including solicitations, petitions, and picket- ing. See Rules Section 8.2; Ordinance Section 3.3.1. Applications should be submitted at least 3 but not more than 10 business days in advance, and permits are valid for not more than 7 succes- sive days. A permit designates locations and specifies requirements to prevent interference at the airport. Locations are assigned on a “first come” basis. See Rules Section 8.2. Denial/Termination: The airport may deny appli- cations if the activity does not constitute legally protected free speech. It may revoke permits (and deny subsequent applications) if a permittee vio- lates a permit’s terms and conditions. See Rules Section 8.4. The airport may suspend permits without notice for an emergency involving safety or security. See Rules Section 8.6. The airport may pursue additional remedies to enforce require- ments, including excluding persons from the air- port. See Rules Sections 1.2, 1.3. Sanctions take effect following an appeal (or expiration of the time to appeal) unless the airport finds they must take effect immediately. See Rules Section 1.7. Appeals: An aggrieved party has 10 calendar days to appeal a decision (or 7 if the decision was deliv- ered by hand, fax, or email). See Rules Sections 1.6, 8.4. The airport schedules an evidentiary hearing within 30 days (or 14 days if the sanc- tions take effect immediately). See Rules Section 1.8. The hearing officer’s decision must include a factual and legal basis, and it is the airport’s final decision. See Rules Sections 1.9, 1.10. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings, prohibiting action based on viewpoint, and a complaint process. See Rules Sections 8.1, 8.2, 8.3, 8.7; Ordinance Sec- tions 3.3, 3.3.4. Newsracks/Commercial Matters: Advertising: The airport does not allow certain advertising materials such as those that violate intellectual property rights, are deceptive or misleading, depict violence against persons or animals, con- tain legally prohibited content, or are scented. These restrictions are intended to maintain neu- trality by the airport, avoid public discomfort, up- hold legal requirements, and prevent the poten- tial loss of advertising revenues. See Rules Section 13.2. Concessionaries must remove objectionable displays, and the airport controls advertising to avoid confusion and interference with the termi- nal’s interior. See Rules Sections 13.4, 13.8. Com- mercial Photography: The airport requires a per- mit, prohibits the use of references to the airport without permission, and prohibits scenes involv- ing explosives, firearms, gunshot sound effects, and weapons. News coverage does not require a permit, but permits are required for special pro- jects. Media is permitted except where access is restricted, premises are leased, or access hinders safety or operations. See Rules Sections 22.1, 22.2. State: Pennsylvania Airport: Philadelphia International Airport (PHL), Philadelphia, Pennsylvania 2012 Passengers: 30,228,596 Airport: Airport Rules and Regulations, Section 2 and Appendix A (the “Rules”) (published as of December 26, 2013) (available at http://www.phl. org/Business/Pages/Airport-Rules-and- Regulations.aspx). Noncommercial Speech: Authorization: The airport requires a permit for picketing, leafleting, and solicitation. See Rules Section 2.A-C. Appli- cants must submit the application at least 72 hours in advance, and permits cannot exceed 14 business days. See Rules, Appendix A, Section C. A permit designates locations and states other terms, and the airport reserves the right to im- pose reasonable conditions as may be necessary. See Rules, Appendix A, Section B.

65 Denial/Termination: The airport may deny an application or revoke a permit for false applica- tion information; conducting commercial activity; impeding airport operations; endangering airport users; interfering with airport users’ business; hindering pedestrian flow; interfering with air- port announcements or signage; soliciting without approval or use of unapproved locations; content that is disruptive, instills fear, or is pornographic; legal violations; emergencies; and to protect air- port operations. See Rules, Appendix A, Section E. The airport also may remove persons, impose fines, and deny subsequent permits for 1 year. See Rules, Appendix A, Section G. Appeals: An aggrieved party has 30 days to appeal a denial or revocation. The city provides an evi- dentiary hearing within 10 days, and the hearing officer issues a final administrative decision within 10 days thereafter. See Rules, Appendix A, Section F. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly prohibiting consid- eration of viewpoint and stating that the airport is not a public forum, findings, and requirements for assumption of the risk, indemnification, per- mit display or inspection, accident reporting, and verifying nonprofit status. See Rules, Appendix A, Sections A–D and H. Solicitations: Solicitations are limited to specified booths. See Rules, Appendix A, Section A. Newsracks/Commercial Matters: Advertising: The airport will not accept certain advertise- ments, such as those that do not propose a com- mercial transaction, relate to the use of alcohol or tobacco products, or contain sexually explicit rep- resentations or relate to those businesses or prod- ucts. See Rules Section 2.J. Commercial Photog- raphy: The airport requires prior written approval for commercial or student photography or filming. Requests must include a description of the pro- ject’s theme, how airport scenes relate to the theme, and a complete script. News media is sub- ject to a media policy regarding airport events and access, as well as an annual requirement to sign a release, waiver, and indemnity. See Rules, Appendix E. State: Pennsylvania Airport: Pittsburgh International Airport (PIT), Pittsburgh, Pennsylvania 2012 Passengers: 8,041,357 Airport—Allegheny County Airport Authority So- licitation/Meet and Greet Permit Guidelines (the “Guidelines”) (published as of February 9, 2014) (available from airport). Sponsor—Allegheny County: Code of Allegheny County, Pennsylvania, C. 705 (the “Code”) (pub- lished as of December 26, 2013) (ordinances avail- able at http://ecode360.com/8484940). Noncommercial Speech: Authorization: The airport requires a permit to distribute literature, exchange information, solicit funds, or picket. See Code Section 705-50. Applicants must submit an application not more than 1 week or less than 3 days in advance, and permits are issued for a 2- week period and are renewable. See Guidelines Section 2. The permit designates one of six loca- tions, where no more than five persons may par- ticipate. See Guidelines Sections 4-6. Denial/Termination: The airport may deny an application or suspend or cancel a permit upon a showing that an application statement is not true, the applicant failed to provide required informa- tion, fraudulent or criminal pursuits, material code violations, or activities adverse to health or safety. See Code Section 705-52. The airport may cancel or suspend permits for security reasons or to facility airport passenger flow or business. See Guidelines Section 9. Upon revocation, a permit- tee may not be issued another permit for 6 months. See Code Section 705-53. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings in support of the rules. See Code Section 705-48. Permittees must possess a copy of the permit at the site, and they cannot disrupt airport business, make loud noises, or en- gage in other specified activities. See Guidelines Sections 7–8. Newsracks/Commercial Matters: Commercial Photography: The airport must give permission, and accredited news services shall secure clear- ance for their activities from the director to en- sure compliance with law. See Code Section 705- 42.

66 State: Tennessee Airport: Nashville International Airport (BNA), Nashville, Tennessee 2012 Passengers: 9,834,471 Airport—Metropolitan Nashville Airport Author- ity: Procedure Nos. 4-105, 5-204 (each a “Proce- dure”) (published as of September 27, 2013) (available from airport). Sponsor—Metro Government of Nashville and Davidson County, Tennessee: Code of Metro Gov- ernment of Nashville and Davidson County, Tennessee (the “Code”) (published as of December 26, 2013) (ordinances available at http://www. municode.com/Library/TN/Metro_Government_of_ Nashville_and_Davidson_County). Noncommercial Speech: Authorization: The airport requires a permit to solicit, distribute lit- erature, picket, display signs, or engage in speech- making. See Procedure 5-204, Section b. Appli- cants must submit an application at least 5 days in advance (which may be waived where activities are brief or delay will interfere with the activities’ purpose). See Procedure 5-204, Section b. A permit shall not exceed 30 days. See Procedure 5-204, Section d. A permit designates locations and states other terms; restrictions can only address hindering access and normal and customary air- port activities. Space is assigned on a “first come” basis, and in some cases it may be shared to accommodate competing requests. See Procedure 5-204, Section i. Denial/Termination: A permit may only be de- layed or denied if the applicant has not fully pro- vided required application information, an appli- cation statement is not true, or emergency conditions exist (operational and safety concerns) that make the proposed activity incompatible with airport operations. See Procedure 5-204, Section d. The airport may terminate permits for rule viola- tions. See Procedure 5-204, Section m. The airport may restricted a permit for emergencies or for nonemergency circumstances after finding that restrictions are necessary for safety or security. See Procedure 5-204, Section j. Appeals: Within 10 days, the airport automati- cally conducts an evidentiary hearing to review a denial (with at least 5 days’ notice). Thereafter, the airport affirms or reverses the denial within 5 days. If requested within 10 days, the airport files to obtain a judicial determination within 5 days of the request and exerts every reasonable effort to have the issue heard on the merits without delay. If the matter is not decided on the merits within 10 days, an interim permit is deemed issued and renewed every 30 days until there is a final, bind- ing decision. See Procedure 5-204, Sections e, f. For a permit termination, the aggrieved party has 10 days to request a hearing, and the airport schedules an evidentiary hearing within 10 days (with at least 5 days notice). The airport may af- firm, revoke, or modify a termination within 5 days (which is a final, appealable decision). See Procedure 5-204, Section m. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that the air- port exercises no judgment over content or discre- tion when issuing a permit (issuance is a routine, clerical, and mandatory function); findings; and requirements for badging, updating applications, and prohibiting use of public information screens. See Procedure 5-204, Sections a, c, d, g, h, k; Pro- cedure 4-105. Newsracks/Commercial Matters: Commercial Photography: The airport requires prior approval (except for tenants acting within leaseholds). See Code Section 2.60.230. State: Texas Airport: Austin-Bergstrom International Airport (AUS), Austin, Texas 2012 Passengers: 9,430,314 Airport: Austin-Bergstrom International Airport City of Austin Department of Aviation Rules, So- licitation/Display/Demonstration and Sample Permit Application (the “Rules”) (published as of September 3, 2013) (available from the airport). Sponsor—City of Austin: Code of Austin, Texas. Chapter 13 (the “Code”) (published as of Decem- ber 27, 2013) (ordinances available at http://www. austintexas.gov/content/city-code). Noncommercial Speech: Authorization: The airport requires a permit for expressive activity (distributing leaflets, soliciting funds, demonstrations, picketing, or holding pub- lic gatherings). See Rules Section III. Applicants

67 must submit applications at least 10 working days in advance (which the airport may waive for good cause shown), and they may only apply for times that they reasonably expect to use. Permits shall not exceed 2 weeks and are not extended for inclement weather. The airport may restrict per- mits to conform to a permittee’s actual practices if use is materially less than as requested. A permit designates locations and states other terms, and space is assigned on a “first come” basis (the use of space may be allocated to address competing requests). See Rules Section III. Denial/Termination: The airport may deny appli- cations for failure to accurately complete or sup- plement requested information; making misrepre- sentations; failure to pay past damage claims or provide financial assurances (if required); lack of available space; conduct adverse to safe and orderly operations (including impacts on travel, security, congestion, health and safety, and flight operations); compliance with laws; construction and maintenance activity; airport emergencies; and permit terminations in the past 6 months. The airport may terminate permits for misrepre- sentations; uncured violations (no notice is required for those involving health, safety, or op- erations); emergencies; and legal violations. Upon termination, the airport does not approve addi- tional permits for 6 months and the permittee must immediately leave. See Rules Section III. Appeals: An aggrieved party has 5 days to appeal a denial or termination. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly requiring applica- tions to be considered in a fair, impartial, and con- tent-neutral manner; findings; and requirements for badging, indemnification, insurance or bonds, and repair obligations. See Rules Sections I, III; Sample Permit Application; Code Section 13-1-35. State: Texas Airport: Dallas/Fort Worth International Airport (DFW), Dallas, Texas 2012 Passengers: 58,591,842 Airport—Dallas-Fort Worth Airport Board (oper- ates on behalf of city owners): Dallas-Fort Worth Airport Code of Rules and Regulations, Chapter 3 (the “Rules”) (published as of December 27, 2013) (available at http://www.dfwairport.com/about/ publications/index.php). Noncommercial Speech: Authorization: A per- mit is required to distribute literature, solicit funds, survey, or picket. See Rules Section 3.3-25. Applicants must submit applications at least 3 business days in advance, and the airport acts within 3 business days. Permits are issued for not more than 30 days. See Rules Section 3.3-27. A permit designates airport locations and states other terms. See Rules Sections 3.3-26, 3.3-27. Denial/Termination: The airport may deny appli- cations and revoke permits if an application statement is found to be untrue. See Rules Section 3.3-27. The airport provides a written explanation of the reason for acting within 5 business days. See Rules Section 3.3-28. It is an offense to mis- represent any material fact or fail to comply with conduct requirements. See Rules Sections 3.3-12 to 3.3-17. Appeals: An aggrieved party has 5 business days to appeal a denial or revocation after receiving the airport’s notice. The airport then must file for a judicial determination within 5 business days. If the court does not decide the matter on the merits within 10 business days, an interim permit is deemed issued and is valid pending a decision and any appeal periods. See Rules Section 3.3-28. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as badging requirements. See Rules Sections 3.3-12 to 3.3-16, 3.3-26, 3.3-27. Solicitations: The airport does not permit solicita- tion within the passenger terminal. See Rules Sec- tions 3.3-32; 8.8-1. Picketing: The airport does not permit picketing inside the terminal building. See Rules Section 3.3-34. Surveys: No person may conduct a survey in the passenger terminal (except on behalf of the air- port, or on behalf of a tenant within an exclusive leasehold). See Rules § 3.3-33. Newsracks/Commercial Matters: Newsracks: It is an offense to sell or distribute any publica- tion using newspaper stands or racks except by franchise, concession, or permit. See Rules Section

68 8.8-4. Commercial Photography: The airport pro- hibits still or motion pictures for commercial use or public exhibit without a permit (except for news media covering events or filming documen- taries). See Rules Section 8.8-3. State: Texas Airport: Dallas Love Field (DAL), Dallas, Texas 2012 Passengers: 8,173,927 Airport: Department of Aviation Terms and Con- ditions for Aviation Activity Permit, Dallas Love Field, Dallas Executive Airport and Dallas Heli- port and Form Applications (the “Terms”) (pub- lished as of December 10, 2013) (available from the airport). Sponsor—City of Dallas, Texas: Code of Dallas, Texas, Volume I, Chapter 5, (the “Code”) (pub- lished as of December 27, 2013) (available at http://www.amlegal.com/library/tx/dallas.shtml). Noncommercial Speech: Authorization: The airport requires a permit for the following non- profit activities: to solicit value, distribute litera- ture, conduct surveys, or engage in filming. See Terms, page 1. The airport acts upon receipt of the application, and permits can be issued for up to 30 days. See Terms, page 1. A permit desig- nates locations and states other terms. The air- port will assign available areas to conflicting re- quests as equitably as possible while taking measures to ensure effective airport operations. See Terms, page 2. Denial/Termination: If the airport denies an application, it will provide written notice of the reasons for denial. See Terms, page 1. The airport has grounds to withdraw a permit for violations of applicable requirements (including approved per- mit terms) or if activities pose a safety hazard or impediment to airport operations. If withdrawn, a person is ineligible to reapply for 6 months. See Terms, pages 3, 5. Appeals: An aggrieved party may appeal the de- nial of an application. See Terms, page 1. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as requirements for permit dis- play or inspection; insurance; indemnification; repair obligations; verification of a nonprofit status, requirements to reimburse the airport for expenses it incurs on a permittee’s behalf; re- quirements making organizations responsible for the violations of their individual members; obliga- tions to comply with airport nondiscrimination requirements; and stating that the permit consti- tutes an agreement that can only be modified in writing. See Terms, pages 1–5. Surveys: It is unlawful to conduct passenger interviews or opinion surveys or to circulate peti- tions or questionnaires to the traveling public or on any restricted airport property, including the terminal building. This does not apply to author- ized government personnel or news coverage. See Code Section 5-47. Newsracks/Commercial Matters: Commercial Photography: Both commercial and noncommer- cial photography require a permit. See Terms, pages 1, 4. State: Texas Airport: George Bush Intercontinental Airport (IAH), Houston, Texas 2012 Passengers: 39,891,444 Airport: W.P. Hobby Airport (HOU), Houston, Texas 2012 Passengers: 10,040,864 Airport—Houston Airport System (all as pub- lished as of September 9, 2013, and available from airport): Operating Instruction—Registration of Applicants for Solicitation, No. 92-02 (the “Solicitation Pol- icy”). Operating Instructions—Picketing Registration and Guidelines, No. 95-05 (the “Picketing Policy”). Sponsor—City of Houston, Texas: Code of Hous- ton, Texas, Chapter 9 (the “Code”) (published as of December 27, 2013) (available at http://www. municode.com/Library/TX/Houston). Noncommercial Speech: Authorization: The airport requires a permit to engage in soliciting or to distribute literature. See Code Section 9-72; Solicitation Policy Section V. Picketing may be conducted pursuant to a completed and approved picketing registration log. See Picketing Policy

69 Section V.A. The airport acts upon submission of the application requirements, and if issued, a permit is valid for not more than 7 consecutive days. A permit designates specific booth locations and states other terms, and booth space is assigned on a “first come” basis. The airport apportions available booth space equitably to accommodate competing requests. See Code Sec- tion 9-72; Solicitation Policy Section V. For picket- ing, picketers must submit a fully completed reg- istration log not more than 10 or less than 5 days in advance. Conflicting requests for available space are decided equitably, such as by lottery. See Picketing Policy Section V.A. Denial/Termination: The airport issues permits if the requirements stated in the code are met. See Code Section 9-72. Permits are subject to revoca- tion for a violation of applicable requirements. See Solicitation Policy Section V. Picketers are subject to city code as well as airport picketing require- ments. See Picketing Policy Section V.C. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that the air- port exercises no judgment over issuance of a permit (issuance is a clerical function), requiring conspicuous display of the permit, badging re- quirements, and specific requirements for picket- ing. See Code Section 9-72; Solicitation Policy Sec- tion V; Picketing Policy Sections I, V.B, V.C. Picketing: The airport requires the use of specific locations for picketers of taxicabs, ground trans- portation, or rental car companies. Otherwise, specific indoor and outdoor locations are avail- able. When registering, picketers must identify what they are picketing. See Picketing Policy Sec- tion V.B; Picketing Policy, Form Log. Picketers must collect handbills discarded by the public in their area. See Picketing Policy Section V.C. Newsracks/Commercial Matters: Ground Transportation: It is unlawful to solicit passengers by calling out “taxicab,” “limousine,” “auto for hire,” or other similar words or gestures. See Code Section 46-40. State: Texas Airport: San Antonio International Airport (SAT), San Antonio, Texas 2012 Passengers: 8,243,221 This summary includes online sources only. Sponsor—City of San Antonio, Texas: Code of San Antonio, Texas, Part II, Chapter 3 (the “Code”) (published as of December 27, 2013) (ordinances available at http://www.municode.com/Library/ TX/San_Antonio). Noncommercial Speech: Authorization: The airport requires a permit to picket, demonstrate, or distribute literature. Applicants must submit applications not more than 30 days, but not less than 2 business days, in advance, and the airport acts within 2 business days. A permit shall not exceed 10 days. Among its terms, a permit desig- nates locations (including one booth in each ter- minal building), and activities must occur from that location (if a booth, from behind the booth). When there are conflicting requests, the airport may resolve issues using various procedures, such as bumping permits for up to 7 days so access for new applicants will not be blocked by those pre- sent in the past 30 days, or limiting the number of consecutive days that a designated area may be used. See Code Section 3-22. Denial/Termination: Activities are permitted if they do not interfere with airport operations and are in compliance with applicable code provisions. See Code Section 3-22. The airport shall deny per- mits for a failure to furnish required information or for making false or misleading statements. See Code Section 3-22(c)(3). The airport may revoke permits for violating any provision of the registra- tion form, actions that adversely affect health or safety, discovery of misrepresentation, or code violations. See Code Section 3-22(e). The airport can also wholly or partially restrict or suspend activities for emergencies that disrupt the airport or threaten security. See Code Section 3-22(d). Appeals: An aggrieved party has 10 calendar days to appeal a permit suspension or other adminis- trative action because of violations. The airport then has 10 calendar days to respond and deter- mine whether any administrative action should be rescinded. See Code Section 3-170.

70 Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that the air- port exercises no judgment over content or discre- tion over issuance (issuance is a routine, clerical, and mandatory function); findings; and require- ments for permit display or inspection, badging, and indemnification. See Code Sections 3-22, 3-23, and 3-31. Newsracks/Commercial Matters: Commercial Photography: The airport requires prior written consent (except when for news coverage). See Code Section 3-137. State: Utah Airport: Salt Lake City International Airport (SLC), Salt Lake City, Utah 2012 Passengers: 20,096,549 Sponsor—Salt Lake City, Utah: Code of Salt Lake City, Utah (the “Code”) (published as of December 27, 2013) (ordinances at http://www.sterling codifiers.com/codebook/index.php?book_id=672). This summary includes online sources only. Noncommercial Speech: Authorization: The airport requires a permit for canvassing or solicit- ing, which includes constitutionally protected do- nation requests and the distribution of goods for value. See Code Sections 16.12.370 and 16.12.390. The airport acts upon receipt of a compliant appli- cation, and it applies only the limitations stated by ordinance. A permit shall not exceed 30 days. See Code Section 16.12.410. Permits designate locations if space is available (including booth space) and state other terms. See Code Section 16.12.420. The airport apportions available space for competing applicants on as equal a basis as possible, and when applications exceed available space, permits are granted on a “first come” basis and may be further equitably restricted to provide permittees fair opportunities while maintaining effective airport operations. See Code Section 16.12.430. Denial/Termination: The airport denies an appli- cation if a solicitation interferes with airport func- tions, constitutes commercial activity, or if appli- cants have not complied with applicable charitable solicitation requirements. See Code Section 16.12.390. The airport may revoke a per- mit for refusing to comply with airport rules and regulations, and the permittee may be removed from the airport and deprived of further use. See Code Section 16.12.120. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as expressly stating that the air- port does not exercise discretion and issuance is a clerical function; findings; and requirements for assumption of the risk, indemnification, and pro- hibitions on claiming a government endorsement. See Code Sections 16.12.030, 16.12.110, 16.12.270, 16.12.380, 16.12.400–16.12.420, 16.12.450, and 16.12.460. Solicitations: Solicitations shall only be conducted from booths. See Code Section 16.12.420. Newsracks/Commercial Matters: Commercial Photography: The airport requires prior permis- sion for any commercial still, motion, or sound pictures. See Code Section 16.12.240. State: Washington Airport: Seattle-Tacoma International Airport (SEA), Seattle, Washington 2012 Passengers: 33,219,723 Airport—Sea-Tac International Airport: Sea-Tac International Airport Schedule of Rules and Regulations No. 4 (the “Rules”) (published as of December 27, 2013) (available at http://www. portseattle.org/Business/Documents/Rulereg.pdf). Noncommercial Speech: Authorization: The airport requires a permit to engage in distributing materials, solicitation, demonstrations, or con- ducting surveys. An applicant must submit an application no later than 72 hours in advance, and the airport acts within 72 hours. The airport issues permits for no more than 30 days. See Rules Section 3.18.c. The airport designates loca- tions for activities. When there are conflicting re- quests, it may offer alternatives such as substi- tute times and sites, permitting fewer participants, and posting (when feasible). Solici- tors must reserve time on a sign-up sheet for the use of specified areas. See Rules Section 3.18.c, e. Denial/Termination: The airport may only deny applications for noncompliance with application requirements; lack of space; security conditions;

71 failure to comply with prior permits; emergency or unforeseen circumstances that relate to passen- gers, security, health, or safety; three or more past violations; or an egregious permit violation. See Rules Section 3.18.c, j. The airport may im- mediately temporarily suspend permits and initi- ate revocation proceedings for misleading mate- rial statements or omissions on an application; activities conducted outside of designated areas or without a permit; conduct rule violations; or fail- ure to cease during emergencies or security threats. See Rules Section 3.18.j. All activities must cease upon any emergency closure, and they may be suspended or limited in response to secu- rity conditions. See Rules Section 3.18.i. Appeals: An aggrieved party has 5 business days to appeal a full or partial denial of an application. The airport then affirms or modifies the denial within 5 business days (which is the airport’s final decision). See Rules Section 3.18.d. For revoca- tions, the airport includes notice of an evidentiary hearing with notice of the suspension. A permit- tee’s failure to appear is a default. Within 5 busi- ness days of the hearing, the hearing officer issues a written decision and states grounds if the per- mit is revoked (this is the airport’s final adminis- trative decision for purposes of a judicial appeal). See Rules Section 3.18.k. Features: The regulations include common loca- tion and conduct restrictions and other protective measures, such as findings and requirements for assumption of the risk, badging, a verification of nonprofit status, and specific picketing require- ments. See Rules Sections 3.10, 3.17, and 3.18.b, c, e, g, h. Picketing: Labor-related activities generally are not treated separately; employees, however, may discuss employment matters without notice or obtaining a permit if they do not interfere with airport operations or pose health and safety con- cerns. See Rules Section 3.18.f. Newsracks/Commercial Matters: Advertising: The airport requires a written agreement to advertise. See Rules Section 3.5.4. Certain dis- plays are not permitted, such as those that depict tobacco products or the use of illegal products or services; imply the airport’s endorsement (without permission); disparage or defame any person, product, service, or cause; or violate laws or poli- cies. See Rules Section 3.9. Commercial Photogra- phy: The airport requires prior permission (except for news coverage). See Rules Section 3.7.

Next: APPENDIX A STATE CONSTITUTIONAL PROVISIONS TABLE »
Regulations Affecting the Exercise of First Amendment Activities at Airports Get This Book
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TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 26: Regulations Affecting the Exercise of First Amendment Activities at Airports provides an overview of the different First Amendment activities that occur at airports, the issues that generally affect them, and the legal challenges to airport policies, while laying out the history of case law.

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