KINGMAN - Is the Mohave County Administration Building and grounds a public forum or not? That is one of many questions circling the argument between Luca Zanna and Mohave County officials.
Zanna and his supporters believe the property is public and therefore an open public forum. The county disagrees.
In November, Zanna was asked to stop passing out leaflets at a town hall held by Sen. John McCain. County Supervisor Buster Johnson and County Civil Attorney Bill Ekstrom told Zanna that the county has a policy that prevents politicking on county property. They pointed to Arizona Revised Statute 11-410.
County Civil Attorney Bob Taylor admitted Thursday that the county does not have a written policy. However, he would not be surprised if other counties had similar policies against politicking.
Gould: County wrong on law
Arizona Sen. Ron Gould weighed in last week when he told the Miner that he received a call from Zanna about the statue. Gould consulted with Greg Jernigan, the attorney who advises the Senate, about the statute.
"The county is interpreting the statute incorrectly," Gould said.
Jernigan told him the statute does not limit the free speech of the public while on public property.
The statute is only part of what the county bases its policy against political activity on county property on, Taylor said. The policy is also based on a long line of cases from the state court all the way to the U.S. Supreme Court that deal with political activity on public property.
There are three types of public property. Which type the county administration building falls under determines whether the building is a public forum or not, he said.
The first type is a traditional public forum, such as a sidewalk, a street or a public park, he said. These are locations that were specifically designed or have long been recognized as places where groups can gather to voice their opinions. The county can only impose content-neutral, narrowly drawn regulations on the time, place and manner of a gathering or protest - for example, a regulation that would prevent people from blocking traffic.
The second type is a designated public forum, he said. This is public property that is not traditionally an open forum but has been opened to the public for a specific event. For example, if the county were to rent the Board of Supervisor's auditorium to someone to hold a candidate debate, then the auditorium could temporarily become a limited public forum. The county could still regulate when, where and how an event could take place, as long as the regulations did not discriminate against or favor one group, Taylor said.
The third type is public property that is not by tradition or by designation a public forum, Taylor said. The courts allow the county more control over this type of public property, as long as the regulations are reasonable and do not discriminate against anyone.
This is the category that the county believes the administration building falls into, Taylor said. The building was not designed or designated to be a public forum. It was designed as a place for the public to do business with the county.
Therefore, the county has the right to impose reasonable restrictions, he said.
A 1986 opinion from the Arizona Attorney General seems to back up Taylor. The opinion deals with the circulation of petitions on public and private property. It details the same three categories of public property.
When referring to public property that is not designated a public forum, the opinion states, "regulation of speech on this type of property is subject to different rules, more similar to those which apply to private property."
The question then becomes whether McCain's town hall changed the status of the building from a non-public forum to a limited public forum.
According to Taylor and the 1986 AG opinion, a hearing by the Board of Supervisors, the Planning and Zoning Commission or a town hall by an incumbent state senator speaking to the public about federal, state or county business does not change the status of the building.
What could change that is if McCain or one of his assistants was passing out campaign information, Taylor said.
Several people have commented on the Miner Web site that they saw people passing out information or asking for petition signatures for McCain's re-election and that a member of McCain's campaign staff was at the meeting.
Taylor said he was not at the town hall so he does not know if anyone other than Zanna was passing out information or if a campaign staffer was at the meeting.
A campaign staffer at the meeting would not change the status of the building to a public forum, Taylor said. A staffer has as much of a right to be on the property as a member of the public.
If the staffer or someone else was passing out campaign literature or petitions, then that could change the status of the building to a limited public forum, Taylor said. It all depends on the activity of the person in question.
When asked about a person who made several political remarks at the town hall and questioned McCain about his actions in the Senate, Taylor said those actions would not convert the town hall to a limited public forum. The speaker was directing his remarks to McCain, not to the public. Zanna was directing his flyers to the public, not to McCain, he said.
"The question is, where do you draw the line? Does the county have to give everyone a soapbox?" Taylor asked. The county may need to look at creating a written policy, he said.
Reader Comments
Posted: Friday, March 26, 2010
Article comment by:
We Can Recall Sockwell
Folks, the recall is really charged up, we are raising money and getting signatures! This county has been under the corrupt thumbs of this BOS for too long, and they have gone too far. We can now remove Sockwell from office. Help us do this. Please go to RecallSockwell.com to help! We meet every week, we need your help, be part of history to clean up this county! RecallSockwell.com for info!
Posted: Thursday, March 25, 2010
Article comment by:
We Can Recall Sockwell
Folks, the recall is really charged up, we are raising money and getting signatures! This county has been under the corrupt thumbs of this BOS for too long, and they have gone too far. We can now remove Sockwell from office. Help us do this. Please go to RecallSockwell.com to help! We meet every week, we need your help, be part of history to clean up this county! RecallSockwell.com for info!
Posted: Thursday, March 18, 2010
Article comment by:
Please Step Up and Help with www.RecallSockwell.com
To help with RecallSockwell go to www.RecallSockwell.com or e-mail MohaveFreedom@Yahoo.com The cause is growing stronger every day, but we still need people to circulate petitions and we need donations. Now is the time for change and we can do it.
Posted: Thursday, February 18, 2010
Article comment by:
kak
Lets make a couple notes.
Two civil attorneys and our county supervisor that dont understand the rights of the citizens.
Offering up only embarrasingly stupid comments when asked for clarity
Law enforcement that sees " Harley Davidson" on a jacket an calls it "gang colors" at the street drags. Kickin out a law abiding citizen.
Officials that invest county funds in the stock market...only to say after losing huge amounts. "welp thats the market, ya never know"..Oh we have to tax you now to replace the money we lost on YOUR behalf.
Having county and city police agencies that niether have Internal Affairs to over see abuse or corruption.
Almost daily headlines full of rapist, child molesters, killers, and all sorts of outragous crimes.
Property tax assessors saying..now your inflated land an home values have deflated so much you cant sell or afford to keep your property..some pleasant surprise.
Utilities going up 30% when your starving.
Seeing ever effort for New jobs and opportunites fought tooth an nail not just once.....everytime.
Hearing every young person under 25 saying I cant wait to get out of here...and beginning to think this time the kids are absolutely right.
Posted: Wednesday, February 17, 2010
Article comment by:
Rabble-Rousers Unite...
Anytime a politician opens his mouth, except to say "I resign" s/he is politickin. We should not let them into any government building except the one to which they were elected. Let them pay for their soapbox like the rest of us. The action by county officials is the reason ninety percent of incumbents are re elected is because party faithful fall to worship at the feet of the office holders and protect them from the rabble-rousers who pay the freight for the fine offices.
Posted: Tuesday, February 16, 2010
Article comment by:
Jeff C.
"County Civil Attorney Bob Taylor admitted Thursday that the county does not have a written policy. However, he would not be surprised if other counties had similar policies against politicking."
These county goofs are of the same type and caliber that McCain is.
Vote McCain out and JIM DEAKIN in!
Why did they allow John McCain to do his "politicking" on county property if they have a policy against it?
Doubletalk and distortion is what Bob Taylor is full of.
Posted: Tuesday, February 16, 2010
Article comment by:
PIZZLE
Somebody has to stand there and distribute materials anyway, be arrested, and fight and win in court.
Sounds terrible but thats the only thing that will make a diff.
Posted: Tuesday, February 16, 2010
Article comment by:
No name provided
McCain is about as conservative as Obama, and vice versa. We shouldn't be using our public buildings to give him a soapbox.
That being said, I hope our County facilities don't become a waiting room for disaffected Internet addicts. When I pay my taxes or dispute my assessment, the last thing I want is to be accosted by someone who spends more time raging on blogs than putting their own lives in order.
These "patriots" I've encountered are largely retirees with too much time on their hands. They harass the County because they are too cheap and too lazy to go after the distant (but far more troublesome) Feds.
And how are they retired, anyway? Either they personally invested or the managers of their pension fund did. What are they so up in arms about? Illegal immigration and H1bs. Who employs illegal immigrants and H1Bs? Corporations. As stockholders, i.e. the people corporations are beholden to, it would be wise of these "patriots" to question their own ethics before casting the first stone. If you own stock, you're part of the immigration problem. Look to yourself.
As with all trends, this one will die. Let's just hope the Paulian "stock market is always right" brand of libertarian-republicanism fades away without violence.
Posted: Tuesday, February 16, 2010
Article comment by:
DVS
WHEN WILL SOCKWELL, WALKER & TAYLOR APOLIGIZE ???? I WILL BE AT THE PROTEST..ALONG WITH ALL THE OTHERS THAT ARE SICK TO DEATH OF OUR POLITIANS...
Posted: Monday, February 15, 2010
Article comment by:
Paratrooper
Step aside Woodward and Bernstien , we got SUZIE!!!!!!
Posted: Monday, February 15, 2010
Article comment by:
not a lawyer but not an idiot either
Dear Mr. Taylor,
You actually put this in writing? How would you feel if this were sent to your law school - spelling mistakes and all? By the way, if you have ever been to the state capital, as I have, you would know that people are permitted to hand out leaflettes and demonstrate. I know, I have done it more than once. Not even a good try. You should be embarassed.
Posted: Monday, February 15, 2010
Article comment by:
Oh Boy, This is the Best Attorney We Could Find
"This policy may or may not be in writing, but that does not mean it does not exist." At first, I broke out in uncontrollable laughter. What stopped my laughter was when I realized that this is our county attorney. Unbelievable. Ya know, situations just like this is why we have zillions of laws - it needs to be written down in order to be official.
Posted: Monday, February 15, 2010
Article comment by:
Frank
It boils down to:
1. county needs to understand the law prior to acting. If in doubt, it should not have stopped anyone unless they were interferring with the movement of people or presenting a danger.
2. McCain's staff, the Republican Party, or wildcat activists made it a campaign event when they passed out the buttons. Therefore, the opposing side should have been allow to pass out their literature.
Hopefully, the county has learned a lesson. It needs to clearly explain to our elected officials that they are not to electioneer on county property, period. If McCain, Kyle, Franks or the rest of the low-life want to do so, county officials must move in and stop the meeting when it is held on county property.
Like others have writtten, we, little people, are sick and tired of being mistreated by the people we pay.
Posted: Monday, February 15, 2010
Article comment by:
P-Rod
I'm beginning to think that Taylor is nuttier than Sockwell!
Posted: Monday, February 15, 2010
Article comment by:
Ignorance is Bliss
To Bob Taylor:
I do not understand the concept of having a policy but not having it in writing. To me that sounds like you good ol boys make up the rules and laws and change them as you go along so you can benefit off of it. You should resign like everyone is saying. It is time to get some people who care about the public in the Board.
I wonder if the "Security" at the administration building tried to tazer Mr. Zanna, because he is protesting the nonsense that the county is giving him. One day when I was treated badly at the One Stop Place at the Administration building, on my way out to the truck, I was venting on the phone to my mother, and turned around, and saw two security guards following me like I was going to do something, they even had their hands on their little pistol tazers. I was only walking to my truck, and talking on the phone to my mother, just venting not making any threats. All I was saying was how much I hated that place. So...now I want to know why they were doing that, and are you going to change the policy to we can't talk on cell phones while walking to our vehicles, even if we need to vent? Will the punishment be getting arrested? If you took that right away as well Mr. Taylor then it won't surprise me, because you sound crooked as the majority of the people here in this town that holds an office.
Why can't the Board say they are ignorant and wrong for what they are pulling here. This is going way too far, just grow up and admit it. Please Taylor don't blame the paper for the bad headline, that is just stupid to do. Just more nonsense coming out of your mouth. Why don't you start standing up for us "common people" and help ensure that our rights will stay intact. That is if you remember what our rights are...
Posted: Monday, February 15, 2010
Article comment by:
Guess Who?
NNP:
we the taxpayers do provide Mr. Zanna, and any other citizen, with a soapbox. They are the traditional public forums such as Metcalf Park and the public sidewalks. Where does either the State or Federal Constitution say that taxpayers must construct a building for Lucca to campaign within?
Posted: Monday, February 15, 2010
Article comment by:
Liberal Lion
So Bob, a reporter from the Miner had to bring to your attention an AG opinion? You don't do your own legal research? What are we paying you for?
Again, as I have said about a million times:
Yes, under the US Supreme Court's interpretations of our Constitution the county can limit areas where people can politic. Areas like sidewalks and parks basically have to be free for politicking. Areas like inside of county buildings don't have to be free. From past articles in the Miner it seems as if the County is trying to ban all politicking anywhere on county property, which can't be done.
This should be done in a written, not oral, policy. This prevents persons from thinking the county is discriminating in favor of a certain message.
And now some people are alleging that McCain was handing out political flyers inside the admin building. That is NOT public servant work, it is politicking. If that's actually the case, the county should have either stopped it immediately, or allowed Zanna to do the same.
I m running for county attorney so we can get some work done over there.
Posted: Monday, February 15, 2010
Article comment by:
No name provided
YES, Mr. Taylor! If every citizen in this county wants a soapbox. You must allow them to have one!
Posted: Monday, February 15, 2010
Article comment by:
Woody
Mr. Taylor? Could it be that you are trying to tell us that the 1986 attorney general(notice; I do NOT capitalize names of persons, or things, inconsequential to the Supreme Law of the Land.)is above his Oath of office?
For that matter, ARE YOU?
Your mission, and the mission of ALL politicians for today, should you accept... READ Art. VI cl.2&3 of the Constitution, and report back to the Citizens with your findings...ASAP!!!
"When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18.
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." - Miranda v. Arizona, 384 U.S. 436, 491.
"State officers may be held personally liable for damages based upon actions taken in their official capacities." Hafer v. Melo, 502 U.S. 21 (1991).
Posted: Monday, February 15, 2010
Article comment by:
TO REG
TO REG:
Please e-mail me at mohavefreedom@yahoo.com
Thanks,
Luca
Posted: Monday, February 15, 2010
Article comment by:
azmac
Guess Who?
All Luca Zanna was doing was conducting government business as was McCain, it is called freedom of speech and both sides have to be heard to make a good judgment on a politician. If a politician can not take the heat then he should not be running for office.The people involved should go to jail for helping McCain which is against their law.ARS 11-410
A pol was taken a few years back that said only 3% of the people and politicians could name the rights listed in the constitution. Only 47% could name one.
Oklahoma and Arizona found 85% of high school kids could not name our first president.
How can people make any judgments when they know nothing of the constitution or our History? The people who are against Luca Zanna are the ones who know nothing or they are pushing for a communist country.
Posted: Monday, February 15, 2010
Article comment by:
azmac
A lot of people are missing the point. If one side can hand out flyers then so can the other side. Does not matter where it is. The rules should apply to all not just one side. Any time a politician is promoting his side, the other side should always have their say also no matter where it is.
This is a big problem today is that only one side is being heard. I have found many people do not want to hear the other side and that is why this country is in such bad shape. Ron Paul is a good example, the media totally ignored him when he was running for president. There are still a lot of people who have never heard of him. All he wants is the country run by the constitution like it was intended. Now he has been called a domestic terrorist for his belief in the constitution.
We have over 40 million people without jobs. There is only about 180 million that are of working age. We are losing 500,000 jobs a month, in January I read where it was 840,000, that is close to a million. People are you going to wait for your job to be taken away before you wake up and fight for your freedoms. You can not make good judgments until you know both sides of the story.
Freedom of speech is a must for a free society.
Posted: Monday, February 15, 2010
Article comment by:
Danny King
State law says the board may have a call to the public! Why does Mohave County choose not to have the call to the public? Could it be they would not be able to stand the heat of public debate?
Board, Let Free Dome Ring install call to the public, and stop hiding!
Posted: Monday, February 15, 2010
Article comment by:
Danny King
Mr. Taylor you just changed my vote in the next election.
I will not vote for anyone who holds that an unwritten policy is policy!
You sir should resign and leave public office for ever!
My opinion all of the board and John McCain if they support this non sense should also resign!
