ExpertLaw.com Forums

Can You Be Prohibited from Protesting on a Public Sidewalk

Printable View

  • 06-22-2016, 04:03 PM
    Lstcowboy
    Can You Be Prohibited from Protesting on a Public Sidewalk
    My question involves civil rights in the State of: Martinsburg, West Virginia

    Recently, a local group of citzen's in my area were considering protesting the appointment of a New Library director.

    They were told by the Martinsburg City Council Recorder that they could not protest on the sidewalk, because it was owned and maintained by the library. Presumably they are claiming that as private property.

    It is my understanding that as long as we were not blocking sidewalk access and being polite and orderly that the sidewalk is "in public" and fair game?
  • 06-22-2016, 04:13 PM
    budwad
    Re: Sidewalk Public Space
    is the library owned privately or publically? Does the library receive public funds in its operation budget?
  • 06-22-2016, 04:18 PM
    cdwjava
    Re: Sidewalk Public Space
    If it is a public sidewalk and they do not obstruct access to the sidewalk or the entry/walkway to the library, they should be okay to protest there. That might mean they have to keep moving and not be stationary, but, if that's the price they pay for protesting so be it.
  • 06-22-2016, 04:30 PM
    Lstcowboy
    Re: Sidewalk Public Space
    It is a public library, which receives it's funding through state and local taxes and bonds.

    You say they may have to continue movement on the side to be not considered obstructing the walkway, even if there is passable space?

    Thanks for your replies!
  • 06-22-2016, 04:37 PM
    cdwjava
    Re: Sidewalk Public Space
    Quote:

    Quoting Lstcowboy
    View Post
    It is a public library, which receives it's funding through state and local taxes and bonds.

    You say they may have to continue movement on the side to be not considered obstructing the walkway, even if there is passable space?

    Thanks for your replies!

    Whether they have to move or not depends on the width of the sidewalk and the status of the law in WV. Having a passable area may not be sufficient, especially if there are active and valid loitering laws that might apply.
All times are GMT -7. The time now is 08:24 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved