Agenda 05-10-22; 5 - Additional Discussion on Regulation of Large Gatherings

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5 Page 3 of 3 the purpose for entry. A 2014 Supreme Court case overturned a buffer because while it prohibited one group of people from approaching someone within the buffer, others could approach that person (McCullen v. Coakley, 2014). • Declarations of emergency. Chapter 166A of the North Carolina General Statutes grants both the state and local governments broad authority during declared emergencies. That authority includes limiting the size and location of gatherings. • Gatherings on County-owned or leased property. The County may freely prohibit gatherings on most property owned by the County. Examples of property where gatherings may be completely prohibited are the lobbies of county buildings, office spaces, and other areas where the public has never been permitted to gather for the purpose of viewpoint expression. The exceptions to this include any County-owned property considered a traditional public forum such as the courthouse steps and the public square in Hillsborough where the old courthouse is located. The County may limit gatherings in areas that may be considered a limited public forum. An example of a limited public forum would be a solid waste convenience center where, in 2013, a former county manager allowed a group to protest with picket signs. This created a limited public forum and had another group with a differing viewpoint desired to protest in that location the County could not have prohibited that subsequent protest, but could have imposed reasonable limitations on it. The Orange County Facilities Use Policy generally controls public access to most County-owned or leased property, though it does not control County-owned property that is leased to or managed by a third party except as far as it is referenced in a management agreement or lease. • Gatherings on other public property. The County may limit gatherings on other public property outside of municipalities such as streets and roadways, but for the most part only for the previously discussed reasons of"clear and present danger" and "imminent incitement of lawlessness." As noted above these are addressed by state law. • Gatherings on private property. A gathering on private property when the private property owner allows the gathering is generally not something the County may prohibit. The County may impose limitations on such private property gatherings in some circumstances such when a private property gathering presents a threat to the health, safety, and welfare of those present, or when the gathering presents a threat to the health, safety, and welfare of the general public in areas adjacent to the gathering. An example of a threat to the safety of those present at a private property gathering could include a large event in an unsafe structure. This type of gathering is generally regulated by fire and building codes enforced by the County. Private property owners themselves are generally free to allow groups to gather on their property and to prohibit groups from protesting or gathering on their property. Similar to a limited public forum, however, once private property owners begin opening their property for public use, particularly gatherings and protests, the balance shifts towards the public's right to use the property. As discussed above there are situations in which an ordinance adopted by the Board may regulate gatherings. Any such ordinance must be reasonable, viewpoint neutral, and must be narrowly tailored to serve a legitimate government interest. Should the Board wish to further explore this type of ordinance a discussion may be scheduled at an upcoming work session.