Senate Bill S209

2009-2010 Legislative Session

Prohibits restrictions on right of free speech in shopping malls

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S209 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add ยง16, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:
S2241

2009-S209 (ACTIVE) - Summary

Prohibits an owner or operator of a shopping mall or center from unreasonably restricting any person from freely speaking or distributing written materials on or about the premises; directs such an owner or operator to publish guidelines on permissible time, place and manner of restrictions on any expressive activity; provides for a civil penalty for owners or operators who unlawfully restrict such expression.

2009-S209 (ACTIVE) - Sponsor Memo

2009-S209 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   209

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to the right  of  free
  speech in shopping malls

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The civil rights law is amended by adding a new section 16
to read as follows:
  S 16. RIGHT OF FREE SPEECH IN SHOPPING MALLS.  1. NO PERSON,  FIRM  OR
CORPORATION  OWNING,  OPERATING,  MANAGING, OR OTHERWISE CONTROLLING THE
ADMINISTRATION OF A SHOPPING MALL OR SHOPPING CENTER SHALL  UNREASONABLY
RESTRICT  ANY  PERSON  OR  PERSONS  FROM FREELY SPEAKING OR DISTRIBUTING
WRITTEN MATERIALS WITHIN THE PREMISES OF THE SHOPPING MALL  OR  SHOPPING
CENTER,  PROVIDED THAT SUCH PERSON SHALL BE RESPONSIBLE FOR THE ABUSE OF
THIS RIGHT.
  2. THE OWNER OF A SHOPPING MALL OR SHOPPING CENTER SHALL ADOPT WRITTEN
GUIDELINES WHICH SHALL PRESCRIBE PERMISSIBLE TIMES, PLACES AND MANNER OF
RESTRICTIONS ON ANY EXPRESSIVE ACTIVITY PURSUANT TO SUBDIVISION  ONE  OF
THIS SECTION.
  3.  FOR PURPOSES OF THIS SECTION, "SHOPPING MALL" OR "SHOPPING CENTER"
SHALL MEAN PRIVATELY OWNED PROPERTY USED FOR  COMMERCIAL  ACTIVITY  THAT
CONSISTS OF AN AGGREGATE OF BUILDINGS, SHOPS, STORES, RESTAURANTS, CINE-
MAS  AND/OR  OTHER COMMERCIAL ESTABLISHMENTS DESIGNED TO ATTRACT MEMBERS
OF THE PUBLIC FOR THE PURPOSE OF MERCHANDISING, AND WHICH ARE  CONNECTED
BY  PUBLIC  AREAS  OR COMMON WALKWAYS, PLAZAS, PARKING LOTS OR BUILDINGS
DESIGNED TO PROVIDE THE PUBLIC WITH ACCESS TO  THESE  COMMERCIAL  ESTAB-
LISHMENTS  AND/OR  TO  PROVIDE  THE  PUBLIC  WITH AN OPPORTUNITY TO SIT,
LINGER, RELAX, GATHER OR SOCIALIZE WHILE VISITING  FOR  THE  PURPOSE  OF
PATRONIZING THE COMMERCIAL ESTABLISHMENTS DURING SHOPPING HOURS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03110-01-9

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