Can You Be Prohibited from Protesting on a Public Sidewalk

[Lstcowboy]

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?

[budwad]

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

[cdwjava]

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.

[Lstcowboy]

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!

[cdwjava]

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.