ACLU calls new public forum policy for arena unconstitutional, plans to sue

The American Civil Liberties Union of Nebraska has threatened to sue the city over a new policy designating where picketers and pamphleteers can congregate outside the publicly owned Pinnacle Bank Arena.

The Pinnacle Bank Arena/SMG Exterior Access and Use Policy, whichwas put together by the city and the arena's management company, took effect Tuesday and was posted to the arena's website Wednesday.

It restricts the area in which pamphleteers, picketers, solicitors, members of the media and others can work and demonstrate. It also outlines whose permission is needed to use the restricted area, called the "non-public forum" space, where 77-year-old Larry Ball was ticketed for trespassing as he handed out religious leaflets to basketball fans in March.

Pinnacle Bank Arena sits on land owned by the city and the West Haymarket Joint Public Agency.

"The newly announced policy fails in several significant ways," said ACLU of Nebraska staff attorney Joel Donahue, adding that the city is prohibiting the most classic, honored forms of free speech, including leafleting.

The government cannot dodge their constitutional responsibilities by delegating the management and decision making to someone else. The city should welcome pamphleteers, demonstrators and others engaging in peaceful free speech activity at the arena.

City Attorney Jeff Kirkpatrick said he's disappointed in the ACLU'sreactionand that he believes there's more than enough room for people to exercise their free-speech rights in the areas not restricted by the policy.

Kirkpatrick said the restricted area of the arena's exterior plaza hosts vendors and other exhibits, and the new policy sets a clear, consistent guide for arena staff so no one is discriminated against.

"That area is there to allow people to access the arena," he said.

According to the policy, the restricted area essentially covers the space beginning at the public sidewalk and includes walkways, steps, verandas, terraces, access ramps, loading ramps, the Festival Space parking lot and the arena's parking garage.

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ACLU calls new public forum policy for arena unconstitutional, plans to sue