Md. Code Regs. 11.05.05.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.05.05.09 - First Amendment Activities

A. First Amendment Activities Covered by these Regulations.

(1) "Demonstration" means a gathering of persons for the purpose of expressing a group opinion to observers through use of their speech, signs, and/or expressive conduct, excluding expression of a message for commercial purposes.

(2) "Distribution" means the distribution of literature and materials for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials.

(3) "Solicitation" means the solicitation of funds on behalf of not-for-profit organizations for charitable, philanthropic, patriotic, political, or religious purposes, or the collection of petition signatures.

B. Demonstration, distribution, or solicitation shall be permitted on WTC Property only when authorized by the Administration and conducted in accordance with these regulations.

C. Permits and Restrictions.

(1) A group of 15 or more persons desiring to engage in demonstration, distribution, or solicitation on WTC Property, must first obtain a written permit from the Administration for the proposed activity and, having obtained a permit, is sometimes referred to herein as a "Permittee."

(2) Permits shall be issued on a first-come, first-served basis.

(3) The MPA may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, MPA may waive the fee based upon the ability of the applicant to pay the fee.

(4) These activities shall be confined to the WTC Plaza within areas designated by the Administration.

(5) These activities may not obstruct, delay, interfere with the free movement of, or impede any person, including, but not limited to pedestrians transiting the WTC Property, Tenants entering and exiting the WTC Building, or persons viewing or visiting the 9/11 Memorial. The Administration may designate and rope off reasonable ingress, egress, and public pedestrian routes.

(6) These activities shall be permitted only between 8 a.m. and 8 p.m., except that leafleting shall be permitted during large public events occurring in the Inner Harbor Park of Baltimore after 8 p.m.

(7) The number of participants in any permitted activity may be limited to a number reasonable under the circumstances, as determined by the Administration and the MDTA Police, to preserve safety, order, and ingress, egress, and public pedestrian routes.

(8) A person engaged in disorderly drinking as defined by the Baltimore City Police Ordinances or publically intoxicated as defined under Maryland law will not be permitted to participate in these activities.

(9) These activities shall be conducted in a peaceful and orderly manner. A person, group of persons, or organization participating in an activity may not:

(a) Impede, physically grasp at or touch Tenants, the public, or pedestrians using or transiting the WTC Property or viewing the 9/11 Memorial, or attach objects to their clothing without their consent;

(b) Engage in Aggressive Solicitation as defined by the Baltimore City Code or unlawful harassment;

(c) Engage in disorderly conduct;

(d) State or represent that he, she, or the organization is a representative of, or is otherwise affiliated with the Maryland Port Administration, the Maryland Department of Transportation, or the State of Maryland; or

(e) Unreasonably disturb WTC tenants or the public in the course of normal business activity or viewing of the 9/11 Memorial on WTC Property.

(10) A person, group of persons, or organization conducting an activity shall be responsible for maintaining the cleanliness of the WTC Property and for removing all litter attributable to their activities from the WTC Property before departure.

(11) Any person, organization, or other legal entity conducting an activity shall be responsible for any damages to any WTC Property, or to any other real or personal property, caused by that person's, organization's, or other legal entity's actions, including, but not limited to any cleaning or repair costs incurred by MPA.

(12) Pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, and similar materials may not be left unattended on WTC Property.

(13) Electronic sound-amplifying equipment other than a battery operated handheld megaphone being used facing away from the plinth of the 9/11 Memorial may not be used in conducting these activities on WTC Property unless expressly authorized by MPA.

(14) A person, group of persons, or organization engaging in demonstration, distribution, or solicitation on WTC Property shall abide by the terms of the permit, this chapter, and local, State, and federal law.

Md. Code Regs. 11.05.05.09

Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)
Regulations .09B amended effective December 5, 1983 (10:24 Md. R. 2189)