Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2016
    Posts
    2

    Default 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?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,511

    Default Re: Sidewalk Public Space

    is the library owned privately or publically? Does the library receive public funds in its operation budget?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default 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.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Jun 2016
    Posts
    2

    Default 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!

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default 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.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Trespassing: Is it Legal to Loiter on a Public Sidewalk in a Residential Area
    By zode in forum Criminal Charges
    Replies: 8
    Last Post: 06-06-2015, 04:44 PM
  2. Police Conduct: Can the Police Investigate Your Actions if You're on a Public Sidewalk
    By PwrLftgGuy in forum Police Investigations
    Replies: 75
    Last Post: 03-23-2015, 02:08 PM
  3. Assault & Battery: Accused of Trespass and Detained by Security While on a Public Sidewalk
    By l2ealest in forum Criminal Charges
    Replies: 1
    Last Post: 08-15-2013, 10:06 PM
  4. Pets and Animals: Dog Fight on a Public Sidewalk, Owner Bitten
    By help4meplz in forum Personal Property
    Replies: 5
    Last Post: 06-30-2011, 11:13 AM
  5. Assault & Battery: Tased for Standing on a Public Sidewalk. Charged with Assault 3, Trespassing, UTC
    By ItsDaryl in forum Criminal Charges
    Replies: 4
    Last Post: 03-23-2011, 06:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources