Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule is to establish how general administration will consider reasonable time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds.
General administration's objective is to balance the conduct of government business, public access and expression, and the stewardship of the historic capitol buildings and grounds.
Citation of Existing Rules Affected by this Order: Amending WAC 236-12-430 Demonstrations, parades -- Obstructing traffic, state business -- Prohibiting and 236-12-440 Permits for demonstrations, parades, processions.
Statutory Authority for Adoption: RCW 43.19.125 and 46.08.150.
Adopted under notice filed as WSR 09-17-130 on August 19, 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 25, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 25, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 30, 2009.
Linda Villegas Bremer
AMENDATORY SECTION(Amending Order 81-1, filed 5/7/81)
WAC 236-12-430 Demonstrations, parades -- Obstructing traffic, state business -- Prohibiting. No person((
singly, or in combination with others, shall engage in
demonstrations (( or)), parades, or other similar activities in
such a manner as to unreasonably disrupt the orderly flow of
pedestrian or vehicular traffic on the state capitol grounds
or the conduct of state business by state employees on the
state capitol grounds or in any buildings on the state capitol
[Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. 81-11-001 (Order 81-1), § 236-12-430, filed 5/7/81; Order 12, § 236-12-430, filed 12/19/73; Order 4, § 236-12-430, filed 2/10/69; Emergency Order 2, § 236-12-430, filed 12/18/68.]
[Statutory Authority: RCW 46.08.150. 79-05-005 (Order 79-01), § 236-12-440, filed 4/11/79; 78-05-006 (Order 78-3), § 236-12-440, filed 4/7/78; Order 12, § 236-12-440, filed 12/19/73; Order 4, § 236-12-440, filed 2/10/69; Emergency Order 2, § 236-12-440, filed 12/18/68.]
USE OF THE PUBLIC AREAS OF THE CAPITOL BUILDINGS AND GROUNDS
(1) "Activity" means one or more people gathering for a common purpose or cause.
(2) "Applicant," "I," "you" or "your" refers to any person(s) or organization(s) seeking permission to use the public areas of the capitol buildings and grounds.
(3) "Banners and signs" means pieces of material presented publicly to display a message, slogan, advertisement, or other similar information. Government-recognized flags are not considered banners or signs for purposes of these rules.
(4) "Capitol buildings and grounds" means those buildings and grounds over which the department of general administration exercises custody and control under RCW 43.19.125.
(a) "Buildings" means enclosed buildings and adjoining structures. Buildings include, but are not limited to, the Legislative Building, the Temple of Justice, the Old Capitol Building, and the Natural Resources Building.
(b) "Grounds" means exterior spaces including, but not limited to, walkways, plazas, lawns, plantings and parks.
The grounds include such locations as the capitol campus, Heritage Park, Marathon Park, Centennial Park, Sylvester Park, the surface and shores of Capitol Lake, and Deschutes Parkway.
(5) "Commercial activity" means an activity that promotes, creates, or exchanges commercial products or services. Commercial activities include, but are not limited to, advertising, fund-raising, buying or selling any product or service, encouraging paid membership in any group, association or organization, or the marketing of commercial activities. Commercial activities do not include such activities by or for government entities.
(6) "Director" means the director of the department of general administration.
(7) "Exhibit" or "display" means an object or collection of objects presented publicly with the intention to communicate facts, a particular impression, a viewpoint or an opinion. Exhibits or displays include, but are not limited to, paintings, sculpture, ceramics, photographs, video or computer screens, informational booths and tables, or other similar objects and arrangements. Exhibits and displays do not include equipment used in the performance of medical or therapeutic services during a permitted activity, such as a blood drive, delivering flu shots, or administering a therapeutic massage.
(8) "Free speech and assembly activity" means an activity for the purpose of communicating information or ideas to others that will draw the attention, attendance, or participation of others. Free speech and assembly activities include, but are not limited to, assemblies, marches, rallies, performances, community events, press conferences, demonstrations, celebrations, ceremonies, speeches and other similar expressive activities.
(9) "General administration," "department," "us," or "we" refers to the department of general administration.
(10) "Permit" means a written permit issued by the department of general administration authorizing the use of public areas of the capitol buildings and grounds as required by these rules.
(11) "Private activity" means an activity sponsored by a private individual, business or organization that is not open to the general public. Private activities include, but are not limited to, banquets, receptions, award ceremonies, weddings, concerts, dances, and seminars.
(12) "Public area" means those areas of the capitol buildings and grounds that are generally open to the public, such as a building's primary public entrance lobby; rotundas and adjoining public mezzanines; and exterior plazas and lawns. Public areas do not include offices, meeting rooms, and other work areas that are ordinarily reserved for or primarily devoted to conducting the business and operations of state government; the governor's mansion; and any area which is identified by a sign pursuant to WAC 236-12-450 indicating that the area is not open to the public.
(13) "Service animal" means an animal, including guide dogs, trained to do work or perform tasks for the benefit of a person with a disability, as defined by applicable state and/or federal laws.
PERMIT APPLICATION REQUIREMENTS
You do not need a permit for free speech and assembly activities involving less than twenty-five people in capitol buildings or involving less than seventy-five people on the capitol grounds.
You must obtain a permit for free speech and assembly activities involving twenty-five or more people in capitol buildings or more than seventy-five people on the capitol grounds, and for all private or commercial activities.
You may not submit an application more than one year in advance of the date that you wish to reserve.
A permit is not required for a spontaneous activity in response to news or events coming into public knowledge which precludes meeting the two day advance notice requirement; however, you must notify us of your activity at least two hours in advance during working hours so that we can determine if there are conflicts with other permitted activities.
(a) Your name, mailing address, and a current e-mail address or telephone number.
(b) Your desired date, time, duration, and location for your activity.
(c) A description of the nature and type of activity.
(d) An estimate of the number of people who will attend your activity.
(e) A description of any equipment or gear to be used for your activity.
(2) We may also require additional information, including but not limited to:
(a) Any special consideration or accommodations being requested; and
(b) Any services provided by general administration that you will need and for which there are fees. These may include, but are not limited to, custodial services, sound or electrical equipment set-up or tear-down, or temporary amenities such as speaker stands, tents, platforms, stages, or chairs.
We will also consider whether your requested activity complies with our general use requirements (WAC 236-17-200 through 236-17-280) and any other applicable requirements set forth in this chapter.
The director will issue a decision on the appeal in writing within three full working days of receiving it, and this will be the final decision of the department of general administration.
GENERAL USE REQUIREMENTS
All activities in the public areas of the capitol buildings and grounds must comply with all applicable laws, rules and regulations.
(1) Time and duration available for use;
(2) The maximum number of people or vehicles allowed at any particular location for any given time or period; and
(3) Locations available for use.
We will not permit an activity that would conflict with the date, time, or location of a previously permitted activity. We may recommend to you other options for dates, times, or locations if your request would conflict with a previously permitted activity.
No exhibits or displays may be placed in, or posted or affixed to, any capitol building.
Banners and signs may be used during an activity in a capitol building only if they are handheld and not affixed to sticks or poles. We will allow you to post way-finding signs during your permitted activity, subject to reasonable time, place, and manner limits.
You may place or post banners, signs, exhibits or displays on the capitol grounds. Such items must be removed at the end of the activity. Such items must identify the sponsor and contain a disclaimer stating that the items are not owned, maintained, promoted, or supported by or associated with the state. The state assumes no liability for loss or damage to such items.
You may not alter or cause damage to capitol buildings or grounds.
You may have pets or domestic animals in the public areas of the capitol grounds; however, you must keep them under your direct physical control and clean up after them at all times. If the director designates off-leash areas in the public areas of the capitol grounds, any such areas will be clearly posted.
You may not allow your pet or domestic animal to menace or injure other people or animals.
FREE SPEECH AND ASSEMBLY ACTIVITIES
Free speech and assembly activities may not exceed fourteen consecutive calendar days in duration. We may set further limits on duration in order to accommodate and manage the many activities and visitors that come to the capitol buildings and grounds.
PRIVATE AND COMMERCIAL ACTIVITIES
Private and commercial activities may not exceed fourteen consecutive calendar days in duration.
Private or commercial sales, solicitation, or fund-raising activities are not permitted in the public areas of capitol campus buildings.
We may designate locations on the capitol grounds for private or commercial sales, solicitation, or fund-raising activities.
(1) Liability insurance covering the applicant and the activity;
(2) Hold harmless and indemnification provisions; and
(3) Information on your ability to finance, plan, and manage the activity in order to protect the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.