“Free Speech Zones” on the agenda at Yucca Valley Town Council meeting this Tuesday (11/4)

You can expect some public comments on the consent agenda at tomorrow’s Yucca Valley Town Council meeting. The consent agenda usually consists of items that don’t expect to receive much discussion but that may not be the case this Tuesday.

Slipped between reports on the Community Center’s HVAC Replacement Project and the Senior Center’s Roof Replacement is an item called “First Amendment Provision and Protection Policy.”

The Staff Report was created on October 28th by Deputy Town Manager Frank Luckino and specifically addresses what he calls “Town Events” at Town Facilities. In the report Luckino says that the Town “has an interest in ensuring that all persons who attend Town Events are able to enjoy the benefits of these events and the amenities offered by the town without unreasonable disruption or material interference.”

Staff Report: Subject: First Amendment Provision and Protection Policy (PDF Link)

Yucca Valley First Amendment Activities Policy for Town Events (PDF Link)

You can view the policy text in it’s entirety at the bottom of this article.

The agenda includes a copy of the Yucca Valley First Amendment Activities Policy for “Town Events,” which establishes fixed locations for “free speech activities” such as picketing or marching. These are commonly called “free speech zones” and the policy says that “Free Speech Activities” may only occur within the designated Free Speech Zone.

While the consent agenda is normally ushered through as a matter of procedure, the public is allowed to comment on any of the items contained within it.

Councilmembers are also expected to receive department reports from Building and Safety and the Yucca Valley Animal Shelter.

You can attend in person at the Yucca Valley Community Center this Tuesday (11/4) at 5:00 p.m.

The full agenda is available here.

If you are unable to view the PDF linked above, the text of the Town’s policy is included below:

Yucca Valley First Amendment Activities Policy for Town Events

I. Purpose & Scope
Throughout the year, the Town of Yucca Valley hosts various events in, at, or
near Town facilities (“Town Events”). These Town Events may include music, food,
presentations, speeches, and other activities. Town Events take place indoors within
Town facilities or within clearly designated areas of outdoor Town facilities as denoted
by ropes, barriers, or maps prepared by Town staff prior to each event. These events
are free and open to the public and are often attended by large numbers of people.
The Town has a significant interest in ensuring the safety of all attendees and in
maintaining the enjoyment and accessibility of Town Events for all members of the
public. The Town further has an interest in ensuring that all persons who attend Town
Events are able to enjoy the benefits of these events and the amenities offered by the
Town without unreasonable disruption or material interference with presentations,
performances, or official Town Event programming. This policy is intended to ensure
that any conduct occurring at Town Events does not intentionally or inadvertently
impede another person’s view of the event, unreasonably disturb other attendees, or
distract from the public’s ability to enjoy Town Events.

Accordingly, and consistent with federal and state constitutional protections,
including the First Amendment to the United States Constitution and Article I, Section 2
of the California Constitution, this policy establishes reasonable time, place, and
manner standards for expressive activity to protect public safety, preserve access and
visibility, and ensure an orderly environment during Town Events. To that end, this
policy will apply at all Town Events

II. Definitions
A. Free Speech Activities. For purposes of this policy, “free speech activities”
means individual or group display of signs (other than provided for Town Event
purposes); picketing, leafleting, collection of signatures, or marching; and any group
activity involving the communication or expression, either orally or by conduct, of views
and/or grievances, which has the effect, intent, or propensity to express that view or
grievance to others.

B. Free Speech Zone. “Free Speech Zones” are fixed locations designated by Town
staff for the conduct of Free Speech Activities. Each Free Speech Zone will be clearly
delineated and marked for use during Town Events and will be large enough to
reasonably accommodate multiple individuals and groups.

III. Rules for Use
A. Location. Free Speech Activities may occur only within the designated Free
Speech Zones. No person may engage in Free Speech Activities inside indoor audience
areas, within secured performance zones, or in a manner that blocks or impedes
entrances, exits, or emergency access routes.

B. Hours of Operation. Free Speech Zones will be available for use during all public
hours of Town Events, as set forth in the official event schedules.

C. Registration and Access. No advance registration or permit is required to use a
Free Speech Zone unless sound amplification is requested. Any person wishing to use
a sound amplification device must first obtain a permit pursuant to Yucca Valley
Municipal Code § 11.80.040, and must comply with the noise limits in YVMC §
9.34.080. For use of a sound amplification device in an Town Event not occurring in a
Town park, building, or other “Facility,” as defined in Yucca Valley Municipal Code §
11.80.020, the proposed user must request City approval of such amplified sound use
at least 48 hours in advance of the Town Event’s commencement so that staff may
timely address possible impacts and reasonable time, place, and manner restrictions.

D. Capacity & Conduct. If the Free Speech Zone reaches its safe capacity, large
groups may be asked to rotate use of the zone to ensure equitable access. Participants
must not physically block pedestrian passage, harass, threaten, or physically touch
event attendees. The use of tables or small stands is permitted within the Free Speech
Zone if they do not interfere with circulation or create safety hazards.

E. Prohibited Conduct. Violent, obscene, or unlawful conduct is prohibited,
consistent with state law and the Yucca Valley Municipal Code, including but not limited
to the noise regulations in YVMC § 9.34.080. Additionally, no person may conduct Free
Speech Activities, regardless of compliance with local noise ordinances, in a manner
that materially and substantially interferes with the ability of attendees to hear or view
event programming, or that otherwise substantially impairs the intended use of the
event facilities by others. The Town retains the right to impose additional reasonable,
content-neutral time, place, and manner restrictions as necessary to prevent material
disruption, so long as ample alternative channels for expression remain available.
Nothing in this policy shall be interpreted or applied in a manner that restricts speech
based on the viewpoint or subject matter expressed.

F. Non-Interference with Town Event Operations. Free Speech Activities must be
conducted in a manner that does not materially disrupt or interfere with Town Events,
Town staff, or official programming. For purposes of this policy, a “material disruption”
includes, but is not limited to, conduct (such as sustained loud noise or drumming)
which substantially impairs the ability of event attendees to view, hear, or participate in
official Town Event programming, as reasonably determined by Town staff. Material
disruption is not limited to activities exceeding prescribed decibel limits, but may include
any activity that, due to its nature, volume, or duration, significantly disturbs event
operations or announcements. Town staff will document determinations regarding
material disruption where practicable.

G. Policy Posting. Copies of this policy and applicable Free Speech Zone maps will
be made available at event information booths and on the Town’s official website.

IV. Enforcement
Town staff and security may, after verbal warning (if feasible), require
participants to comply with this policy. Continued or egregious violation may result in
removal from the premises consistent with applicable law. Enforcement actions taken
under this policy shall be content-neutral, applied regardless of the message conveyed,
and shall be limited to what is reasonably necessary to restore order and ensure
enjoyment of Town Events for all participants. At all times, Town staff will seek to
provide clear alternatives for continued expressive activity that do not cause material
disruption.

V. Administration and Amendments
The Town Council delegates authority to the Town Manager, or designee, to
interpret, administer, and enforce this policy. The Town Manager, or designee, may
amend or modify this policy concerning prohibited or regulated activities at Town Events
as necessary to ensure public safety, operational efficiency, and compliance with law.
Any such amendment or modification will take effect immediately and be posted at
event information booths and on the Town’s official website.

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