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No Free Speech at Arizona State Capital

  Free speech flushed down the toilet at Arizona State Capital???

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Tighter rules approved for Capitol courtyard events

by Mary Jo Pitzl - Jan. 19, 2012 09:27 PM

The Republic | azcentral.com

Reacting to loud and lengthy protests in recent years, lawmakers Thursday voted to curb such activities at the state Capitol.

New rules adopted by the Legislative Council require anyone who wants to hold an event in the courtyard between the House and Senate buildings to get a permit 10 days in advance if their event involves equipment and/or any kind of amplified sound, such as loudspeakers or a bullhorn.

It also establishes a 10-foot buffer around the legislative buildings and the original state Capitol where no activity, whether a protest or a prayer vigil, could be staged.

"People who come down here shouldn't be harassed," said House Speaker Andy Tobin, R-Paulden.

The rules, he said, will allow protests to continue but also will give Capitol officials more control of activities on the concrete apron that separates the House and Senate buildings.

Lawmakers on the council, which oversees the Capitol buildings, approved the rules on an 8-3 vote, with the three Democrats present voting "no."

"I think we need to be more permissive, both outside the Capitol and inside," said Senate Minority Leader David Schapira, D-Tempe. Like the other Democrats, he said he was worried about infringing on free-speech rights.

The rules come after two years of noisy protests, mostly inspired by the uproar over 2010's Senate Bill 1070 and subsequent bills designed to crack down on illegal immigration.

"Last year, there were loud bullhorns," said House Majority Whip Debbie Lesko, R-Glendale. "If you went outside, you couldn't even think."

Now, anyone wishing to proclaim their message through a bullhorn must apply for a permit from the Legislative Council. Likewise, a permit is needed if an event requires any kind of equipment setup. It applies to lawmakers as well as any member of the public.

The rules allow for waivers of the 10-day requirement if approved by the Legislative Council's executive director. One such exemption might be short notice of a bill hearing, said executive director Michael Braun.

The new rules forbid overnight encampments at the Capitol, something that happened in summer 2010 after SB 1070 passed. Events must run between 5 a.m. and 10 p.m.

Braun said any group holding an ongoing protest would need a permit for each day.

Sen. Steve Gallardo, D-Phoenix, invited many of the protesters last year to the Capitol.

He said he doesn't think GOP leaders objected to the bullhorns: "They didn't like the message coming out of the bullhorns."

 

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