POLICY ON POLITICAL ACTIVITIES AT PATRIOT PLACE
Political Activities Not Permitted
Patriot Place is a private property. As such, members of the public should understand that they do not have a First Amendment right to enter onto the property and use it as a forum to voice their political opinions. See Hudgens v. Nat’l Labor Relations Bd., 424 U.S. 507 (1976). For the safety and enjoyment of our patrons, and to avoid disruption to the businesses operating at Patriot Place, no form of political speech, expression, protest, demonstration, campaigning, or solicitation (collectively, “Political Activities”) by those patrons or businesses, or other guests or members of the public, is permitted on the property. This policy is content-neutral and applies uniformly to all Political Activities regardless of the particular content or viewpoint intended to be expressed through the activity. Any person who violates this policy may be ejected from the property and may also be denied any future admission to the property. If such person refuses to leave the property when requested to do so, or attempts to re-enter the property without permission, the person may be subject to legal action, including prosecution for trespass.
Limited Exception for Ballot-Access Solicitation
The Massachusetts Supreme Judicial Court, interpreting Article 9 of the Declaration of Rights of the Constitution of the Commonwealth, has held that members of the public may use certain common areas of privately-owned properties open to the public to solicit signatures in connection with a candidate’s nomination to public office, and distribute materials associated therewith, provided the person does so in a reasonable and unobtrusive manner and complies with the reasonable time, place, and manner regulations adopted by the property owner. See Batchelder v. Allied Stores Int’l, Inc., 388 Mass. 83 (1983); Glovsky v. Roche Bros. Supermarkets, Inc., 469 Mass. 752 (2014). This standard also applies to gathering signatures on initiative and referendum petitions under Mass. Const. amend. art. 48. Consistent with Massachusetts law, Patriot Place will permit such solicitation activities so long as all persons engaging in the solicitation comply with the reasonable time, place, and manner regulations described below. Failure to comply with those regulations may result in the persons being ejected from and/or denied entry to the property, or subject to legal action, as noted above for other types of Political Activities at the property.
Reasonable Regulations of Ballot-Access Solicitation
All persons intending to engage in ballot-access solicitation at Patriot Place must fully comply with each of the following requirements:
- Each person who will be present on-site at Patriot Place and participating in the solicitation must complete the Ballot-Access Solicitation at Patriot Place Information Form (the “Information Form”) and submit the completed form via email to [email protected] at least 3 business days before the proposed date of the solicitation. The submission of an untimely or incomplete Information Form shall result in the solicitation not being permitted.
- A representative of Patriot Place Management will contact the Solicitation Coordinator identified in the submitted Information Form to (i) confirm that the solicitation will be permitted, and to provide instructions regarding the designated location at Patriot Place at which the solicitation will be conducted, or (ii) notify the Solicitation Coordinator that the solicitation will not be permitted because the Information Form was untimely or incomplete, the proposed solicitation does not fall within the scope of a ballot-access solicitation, or in the case of some other deficiency, the reason(s) why the solicitation will not be permitted.
- If the requested date and/or hours for the solicitation cannot be accommodated by Patriot Place, the representative and Solicitation Coordinator will work together to find alternative date(s) and/or time(s). The solicitation shall not be allowed to go forward without the prior and express written approval of the representative as to the designated location, date, and hours of the solicitation.
- The Solicitation Coordinator will cooperate in providing the representative with any other information that Patriot Place may require in order to review and approve the proposed solicitation. Failure to provide the requested information shall result in the solicitation not being permitted.
- All persons engaged in the solicitation shall at all times conduct themselves in a reasonable and unobtrusive manner and in accordance with the Patriot Place Code of Conduct. Under no circumstances shall the solicitation (i) be conducted by anyone who did not submit a timely and complete Information Form, or (ii) occur outside of the approved location, date, and hours, without the prior and express written approval of Patriot Place Management.