Demonstrations

Section 5000 Section 5000.940  Demonstrations a)         Any demonstration near the buildings or on the grounds is prohibited unless a permit for the activity is issued by the Department or its authorized representatives.  Demonstrations are prohibited in the buildings. A written request addressed to the Building Manager must be submitted at least 48 hours in advance of an event, unless the requester can show, by the preponderance of the evidence, that the cause or reason for the  demonstration, was not known, contemplated or reasonably foreseeable, or resulted from changed circumstances not in existence within those 48 hours.  No request shall take precedence over an activity that was previously scheduled and approved by the Department unless approved by the Department.  The Department or Building Manager will employ the following elements in evaluating whether another event may be permitted:  whether the facility needs to be used for governmental purposes or whether the new request can be accommodated without disruption to the previously scheduled event.  Notwithstanding the foregoing, events may be canceled in cases involving natural disaster, public health or safety concerns (e.g., floods, civil disturbance, riots, etc.). b)         The written request shall state the name of the individual or organization seeking to use the ground.  The request shall also list the names and addresses of all officers or leaders of the organization, the grounds desired to be used, the purpose of the demonstration, the dates and times sought, equipment to be used or supplied, and the estimated number of participants.  Only the requesting individual or organization is permitted to use the grounds for a demonstration.  No State agency or State employee may sponsor or make a request on behalf of any organization or individual. c)         Any group seeking a permit that will have 100 or more participants at any demonstration shall have one marshal per 25 participants. Marshals will be identified by insignia supplied by the Building Manager or security personnel.  The marshals' duties shall include making certain, to the best of their ability under the circumstances, that the conditions of the permit are met, that compliance with the rules occurs, that the demonstrations remain peaceful and orderly and that the participants remain within the physical boundaries of the permit. d)         The Department or its authorized representatives will issue a permit to an applicant unless they find that the intended activity will: 1)         Unreasonably interfere with the movement of vehicular traffic in the parking lots of the buildings, loading docks or persons within the buildings or on the grounds; 2)         Not occur in the area designated and will create or cause a health and/or safety hazard and will impede substantially the performance of State business or the retail businesses in the JRTC; 3)         Endanger the health and safety of the public; 4)         Be a commercial activity; 5)         Conflict in date, time, and place with a previously scheduled activity of another applicant or a government agency, unless approved by the Building Manager; or 6)         Create an unreasonable risk of damage to State property. e)         No permit will be denied on the basis of the viewpoint of the group seeking the permit or the content of the demonstration.  A permit issued by the Department to hold a demonstration does not allow the individuals or groups to engage in activity prohibited by Section 5000.930.  Failure to cease a prohibited activity may result in individuals or groups being removed from the premises by security personnel. f)         Applicants denied a permit may modify their request to meet the objection and concerns of the Building Manager and may resubmit their application for consideration. g)         A written request in letter form addressed to the Building Manager shall be considered an application.  A written response from the Department or its authorized representative approving part or all of the application shall be considered the permit.  The written response shall state, if applicable, the reasons for denying, in whole or in part, the request.  The Department or its authorized representative is required to show that an unreasonable interference or prohibited activity will occur or is occurring when they deny the request in whole or in part. h)         A person or organization denied a permit, in whole or in part, may appeal the denial to the Director. The appeal must be submitted at least 24 hours prior to the time of the requested demonstration, to allow the Director time within which to consider and decide the appeal.  The Director's decision shall be in writing and shall be made at least 2 hours prior to the requested demonstration's starting time. i)          Demonstrations on the grounds may only be held during normal business hours.  All participants must disperse and structures must be removed at the close of the business day.  Failure to vacate the premises will be grounds for security personnel to remove all participants and structures from the grounds. j)          Violations of the provisions of the permit issued by the Department will also be grounds for removal from the premises.  Any requested exemption from the provisions of this Section must be approved by the Director.