Expressive Activity Regulations
A. For the purpose of these regulations, the following terms have the following definitions:
1. "Speaker" means an individual engaged in expressive activity (which term is defined in more detail at § 2.1(A)(3) of this Part below).
2. ''Passers-by'' means one or more individuals who, with respect to a particular speaker,
a. Does/do not personally know the speaker;
b. Has/have not given prior consent to engage in a conversation with the speaker;
c. Does/do not wish to engage in a conversation with the speaker; or
d. Is/are not personally known by the speaker.
3. ''Expressive activity'' refers to the following:
a. Continuous display of a sign to passers-by;
b. Continuous distribution of literature to passers-by;
c. Continuous speech addressed to passers-by; or
d. Solicitation of passers-by on behalf of any organization or business.
2.2 Expressive Activity Procedure
A. Expressive activity is prohibited in the Airports except that such activity is permitted either:
1. pursuant to a vendor lease agreement entered into with RIAC, or
2. in the areas set forth in the diagrams attached hereto and referred to in § 2.2(F) of this Part below, subject to the regulations set forth herein.
3. For the purpose of these regulations, all times specified in "days" will refer to business days and not include weekends or State holidays. If a deadline is set to occur within a certain number of “days," the event will take place before 4:00 p.m. on the last day referred to. For example, if an act is to occur on or before ''two days" from a Friday, it will take place at or before 4:00 p.m. on the following Tuesday, provided that neither the Monday or Tuesday following the Friday in question are a State holiday.
B. No person, while engaged in expressive activity, shall:
1. Carry on any commercial activity;
2. Distribute food, flowers, or any other product;
3. Place any chair, table, or other structure on the floor, except as specifically provided herein;
4. Affix any sign, placard or other material to any part of the Airports;
5. Leave leaflets or other material unattended at any place in the Airports;
6. Make any sound that interferes with the ability of persons to hear any announcement made over the public address system of the Airports, or by a police officer, or by an employee of the Airports.
7. Misrepresent through words, signs, leaflets, attire or otherwise such person's affiliation with or support by any organization, group, entity or cause, including any affiliation with or support by the Rhode Island Airport Corporation ("RIAC");
8. Make any sound in excess of 86 dBA on the A weighted scale measured at 5 feet from the source of the sound in any interior space;
9. Carry a sign or placard attached to a rod or stick in any interior space, or plaza areas;
10. Engage in the solicitation of funds for immediate receipt in any interior space;
11. Touch any other person without his or her consent;
12. Litter, leave refuse, or create any unsafe or unsanitary condition;
13. Enter or remain in any space when such space is not open to the general public;
14. Enter or remain in any space at, adjacent to, or within ten feet of, any of the following: Turnstile; ticket vending machines; doorway; entrance or exit, elevator; escalator or stairway or landing thereof; telephone; dining area; sales or service counter, kiosk or booth; building lobby or hallway; bench or seating area; line of persons waiting for service (such as a line at a kiosk or automatic teller machine), curbside check-in or taxi pick-up and drop-off area, restroom, designated patron waiting area, patron queue, and bus gate. The ten-foot restriction does not apply to any space within an area specifically designated as a place where expressive activity may occur;
15. Unreasonably interfere in any way with the pedestrian or vehicular traffic flow, the formation or progress of any line of persons waiting for service, such as a line at a telephone, vending or information kiosk, bus or bus stop or gate, taxi loading area, or automatic teller machine, or any construction or maintenance activity.
C. The Executive Director of RIAC, or in his or her absence, the person designated to act in his or her stead for general management purposes, may prohibit expressive activity on RIAC property which would otherwise be permitted in the event of: and during the pendency of, an emergency condition such as a snowstorm, fire, accident, power failure, transportation carrier schedule interruption, or other condition of such nature and character that the conduct of permitted activities would cause a danger to persons or property during the pendency of such emergency condition.
D. Persons shall conduct expressive activities in the designated areas of the Airports only pursuant to a permit obtained pursuant to § 2.2(E) of this Part, for use of one or more of the areas designated on the attached schedule and diagrams of the Airports, when those areas are not occupied by construction or maintenance activity affecting a permanent structure, subject to the number restrictions set forth on such schedule. Tables measuring no more than 60" by 30" are permitted in the designated area.
E. Permit application shall be made, and acted upon, as set forth below:
1. A permit application shall be submitted in writing no later than two (2) days preceding the commencement of the activities for which the permit is sought, and no earlier than seven (7) days preceding the commencement of the activities for which the permit is sought.
2. Permit application shall be submitted in person to the Executive Director of RIAC, or the designee thereof, during the hours of 9 to 10:30 A.M. and 1:30 to 3:30 P.M., Monday-Friday, excluding holidays.
3. The permit application shall set forth the type, time, location and duration of activities to be conducted, the name, address and telephone number of the person making the request (in the case of a group, it shall be sufficient to supply the name, address, and telephone number of the person who can be contacted if problems arise concerning the granting of the request). If a person making the application indicates an affiliation with an organization or group, the name, address of a local representative of the group or organization to act as a liaison will be requested; however, refusal to provide such information shall not be grounds for denial of a permit.
4. Each permit shall be valid for a period of time specified by the applicant, not exceeding fourteen (14) days pursuant to a single application.
5. Renewal applications shall be made in the same form used for new applications, and shall be processed as if they were new applications. All locations will be assigned on a first-come, first served basis, without regard to renewal status. The use of space previously used pursuant to a permit is not guaranteed by acceptance of a renewal application.
6. Permits will be granted on a first-come, first serve basis. An application will be denied only if the area requested is unavailable, the application is incomplete, or the application discloses that the activities to be performed thereunder will violate these rules.
7. A permit will be issued, or the application denied, by the Executive Director of RIAC, or a designee thereof, no more than twenty-four (24) hours after submission of the application. The reason for the denial of an application shall be set forth in writing.
8 Upon the denial of any application for the permit, or the failure to issue a permit twentyfour (24) hours after submission of an application, a person may submit a written appeal to the Executive Director of RIAC, or a designee thereof, setting forth the reasons why the request should not have been denied. An appeal shall be submitted in person to the Executive Director, or a designee thereof, during the hours of 8:00 A.M. to 5:00 PM., Monday-Friday, excluding holidays. The Administrator, or the designee thereof, shall cause the appeal to be delivered to the RIAC Executive Director, or a designee thereof.
9. A written decision denying the appeal, or issuing a permit shall be made not more than twenty-four (24) hours after the appeal is submitted. If no decision is issued twentyfour (24) hours after the appeal is submitted, the appeal shall be deemed to be denied on the basis of the original decision denying the request.
10. Any person whose application for a permit has been denied may seek review of such denial in a proceeding commenced pursuant to R.I. Gen. Laws § 42-35-15.
11. Upon the issuance of any permit, a badge indicating the area and time period in which the activity will take place will be issued for each area. Such a badge must be worn on the upper left breast of the outermost garment and be clearly visible at all times during which the area is used. A person who obtains permission to use an area or areas on behalf of a group may obtain the badges for the members of the group for use by such persons actually engaged in expressive activity; however, the number of badges issued will not exceed the maximum number of persons who may engage in expressive activity at one time in the area or areas.
12. Each time a person or group ceases use of a designated area for expressive activity, such action shall be reported to the Executive Director of RIAC or a designee thereof, and the badge or badges described above must be returned so the availability of the area for use by another may be recorded.
F. Expressive activity shall be permitted at the Airports only in the specific areas designated in the attached diagrams.
G. The provisions of these regulations are severable, and if any provision thereof shall be held invalid in any circumstances, such invalidity shall not affect any other provisions or circumstances. These regulations shall be construed in all respects so as to meet all constitutional requirements.
A. T.F. Green-Outdoor Expressive Activity Area (Lower)
B. T.F. Green-Outdoor Expressive Activity Area (Upper)
C. Block Island Expressive Activity Area
D. Newport Expressive Activity Area
E. North Central Expressive Activity Area
F. Quonset Expressive Activity Area
G. Westerly Expressive Activity Area
|Chapter||20||Advertising and Expressive Activity|
|Part||2||Expressive Activity Regulations|
|Type of Filing||Technical Revision|
|Regulation Status||Inactive View Active Rule|
|Effective||11/23/2006 to 11/23/2006|
Regulation Authority :
RIGL 42-64-7 (16) ; RIGL 42-64-7.1(a)(i)
Purpose and Reason :
This technical revision is being filed to reformat the regulation for publication into the Rhode Island Code of Regulations. No substantive changes have been made.
There are no rulemaking documents associated with this filing.