N.Y. Comp. Codes R. & Regs. tit. 21 § 176.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 176.4 - First amendment activities

(a) Activities covered by these regulations.

(1)Distribution. The distribution of literature and materials for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding commercial materials, which shall be coordinated with the holder of the applicable license for advertising at the airports.

(2)Solicitation. The solicitation of funds on behalf of not-for-profit organizations for charitable, philanthropic, patriotic, political, or religious purposes.

(3)Demonstration. A gathering of persons for the purpose of expressing a group opinion to observers through use of their speech, signs, and/or expressive conduct, excluding expression of a message for commercial purposes.

(b) Purposes of these rules and regulations.

(1) To ensure the free and orderly flow of pedestrian traffic into and through the terminal at the airport, and of the vehicular traffic outside the terminal.

(2) To protect persons using the airport from repeated communications or encounters that might be perceived as harassment or intimidation.

(3) To protect travelers from being an unwilling captive audience.

(4) To maintain security by restricting the activities allowed hereunder to public-use, non-secured areas in the airport and by implementing additional restrictions where necessitated by increased security threats.

(5) To protect the integrity of the authority's contractual relationships with concessionaires and lessees at the airport.

(c) Permit application process.

(1) Any persons or groups seeking to engage in distribution, solicitation, or demonstration at the airport must first obtain a written permit from the authority. To obtain a permit, the applicant shall submit to the authority a written permit application no later than six business days before the date requested for the activity. The application shall be on a form provided by the authority, which shall set forth the location where such permit application shall be filed. The application shall contain the following:

(i) the full name, mailing address, telephone number, and email address of the

person(s) or group(s) sponsoring and/or conducting the proposed activities;

(ii) the full name, mailing address, telephone number, and email address of the

person who will supervise and be responsible for the conduct of the proposed

activities (the responsible person);

(iii) the full name and mailing address of each person who will participate in

such activities at the airport under the permit sought:

(a) up to two persons for locations within or outside the terminal;

(b) up to 10 persons for locations at the airport entrance;

(iv) a copy of any material proposed for distribution at the airport, solely for informational purposes, and not for exercising any judgment on its contents; provided that the authority shall not grant a permit for the distribution of any material that is indecent or sexually explicit, portrays graphic violence, is directed to inciting or producing imminent lawless action and is likely to incite or produce such action, or violates any Federal, State or local law or regulation; (v) a brief description of the proposed activities, including the method of communication and which type of permit is requested, i.e., whether for distribution, solicitation, or demonstration;

(vi) the date(s) and times(s) of the proposed activities; provided that a permit will not be issued for a period in excess of 10 days, nor for any time between the hours of 4:00 p.m. and 8:00 a.m. In addition, the application shall state the number of persons who are requesting to participate at any one time; (vii) where a permit for solicitation is requested, the application must include as an attachment reliable documentary evidence of the not-for-profit status of an organization sponsoring and/or conducting the solicitation; (viii) an undertaking by the applicant(s) to indemnify and hold harmless the authority, the City of Syracuse, the airlines operating the airport, the airports' tenants and lessees, and all their respective officials, officers, employees and agents, against any claims that arise or are made against any of the foregoing in connection with the permit holder(s) or its agents at the airport;

(ix) the authority reserves the right to require an applicant to obtain a bond issued by an appropriate surety as a condition to the issuance of any permit.

(2) Within five business days after the authority receives a permit application, it shall issue the permit or provide a written response explaining the reasons for any denial, which shall be limited to the following:

(i) non-compliance with the permit application requirements set forth in paragraph (1) of this subdivision, in which case the authority response shall explain the nature of the problem. If an applicant files another application to comply with the requirements of paragraph (1) of this subdivision, the five-business-day review period shall start over;

(ii) insufficient space available for the requested activities at the time(s) requested;

(iii) any alert on the National Terrorism Advisory System issued by the United States Department of Homeland Security, with regard to security conditions for operations at the airport. In such cases, based on the totality of the security situation, including the availability of security resources at the airport in light of increased demands and requirements by the Federal government, the authority may deny a permit request for demonstrations, distributions, or solicitations in their entirety or may limit the size or scope of such activities.

(3) Each permit issued shall include the location on airport property where the permit is valid, the name of the person who is entitled to use it, and each permit may be used only by the person to whom it is issued. The authority shall proscribe the form of identification that each permit holder shall be required to wear and display conspicuously on his or her person while engaged in the permit activities.

(d) Permit denial appeal process.

Any person whose permit request is denied in full or in part may appeal the decision to the executive director, by means of a letter stating the grounds therefor, within five business days of receiving a response from the authority. The executive director shall review the initial permit decision and the appeal, and shall issue a written decision affirming the denial or challenged limitation, or granting or modifying the permit as requested, within five business days of receipt of such appeal. This decision shall be sent certified mail to the responsible person at the address provided, with a copy by email when provided, and shall be effective upon such service. It shall constitute a final decision of the authority.

(e) Permitted locations for permit activities.

(1) Each permit shall specify the designated area in which the covered activities may take place.

(2) Under no circumstances shall any distribution, solicitation, or demonstration take place in any of the following locations:

(i) in any secured area;

(ii) beyond the passenger screening checkpoints through which passengers and visitors are required to pass when moving toward an aircraft gate position, or within 50 feet thereof;

(iii) in any parking areas, roadways, restroom facilities, elevators, terminal

doors or within 20 feet thereof, stairways, vestibules, and storage areas;

(iv) at any ticket or baggage check-in counter;

(v) at any baggage pick-up or collection areas; or

(vi) within 10 feet of; or within, any areas used by concessionaires or lessees

pursuant to a contract, agreement, or lease with the authority, except with the

express permission of the concessionaire or lessee.

(3) The authority may order the emergency closure of the airport, or any portion thereof, on account of emergency security, health or safety conditions, catastrophe or disaster, extreme weather conditions, or government orders; and all persons holding permits under these rules and regulations shall immediately cease all activities thereunder for the duration of the emergency closure.

(4) When the Federal government declares an alert on the National Terrorism Advisory System issued by the United States Department of Homeland Security, with regard to security conditions for operations at the airport(s), the authority may suspend demonstrations, distributions, or solicitations in their entirety or, based on the totality of the security situation, including the availability of security resources at the airport in light of increased demands and requirement by the Federal government, may limit the size or scope of such activities and/or designate a location for the posting of written information as an alternate means of disseminating the information covered by the permit request.

(f) Rules governing conduct of the permitted activities.

In conducting the activities governed by these rules and regulations, no person or group is permitted to:

(1) obstruct, delay, interfere with the free movement of, coerce, intimidate, impede, hamper, or physically grasp at any person, including but not limited to travelers, visitors, persons who work at the airport, and persons checking or picking up baggage;

(2) assist or offer to assist any person in the carrying or handling of baggage;

(3) obstruct, delay or interfere with any vehicle;

(4) state or represent that he or she or the organization is a representative of or otherwise affiliated with the authority, the airport, the City of Syracuse, or an airline;

(5) fail to wear the required identification prescribed by the authority at any time while engaging in the permitted activities;

(6) use a sound or voice amplification device or any noisemaker or musical instrument, since such noise may interfere with or impede the transaction of business by airlines, concessionaires, and lessees, or the safe, orderly, and efficient operation of the airport;

(7) except for holders of a permit for solicitation under these regulations, receive or accept any donation, contribution, gift or payment of money;

(8) conduct any credit/debit card transaction or electronic funds transfer or any enrollment for any credit/debit transaction or electronic funds transfer. This prohibition specifically includes, but is not limited to, holders of permits for

solicitation;

(9) erect any table, chair, or other structure, and/or use any wheeled or stationary device;

(10) store or keep any literature or other materials anywhere on the premises of the airport, except in a carry bag, which must be carried or harnessed onto a person, so as not to extend beyond the person's body width;

(11) carry any banners or signs that are posted on poles or sticks of any type or that exceed the following size limitation: banners or signs may be held by a person or worn on an individual's person, so long as such banners or signs do not protrude beyond the person's front or back or exceed the person's body width; or

(12) violate any Federal, State or local law, regulation or policy.

(g) Violations.

(1) For purposes of this section, an offense shall mean one or more of the following:

(i) a false or misleading material statement or omission, on a permit

application;

(ii) engaging in any of the activities covered by these regulations in a location

outside the area designated in the permit;

(iii) engaging in any of the activities covered by these regulations without a valid

permit;

(iv) violating any of the rules governing conduct set forth in subdivision (f) of this

section;

(v) failing to cease or alter permit activities during an emergency or increased

security threat, as required in paragraph (e)(5) of this section.

(2) Any offense that in the judgment of the authority is substantial and did or may result in a threat to the health, safety, comfort or security of the patrons and workers at the airport shall result in:

(i) the immediate temporary suspension of the permit, where applicable, or the individual or group who or which committed the offense; and

(ii) institution of proceedings for revocation of the permit, where applicable, under subdivision (h) of this section.

(h) Permit revocation hearing process.

(1) Within one business day of a permit suspension under paragraph (g)(2) of this section and/or where the authority determines an offense has occurred and a permit should be revoked, the authority shall provide written notice thereof, by certified mail to the address provided, with a copy by email and/or fax when provided, to the responsible person.

(2) The permit holder may request, within five business days, that a hearing on the temporary emergency suspension and/or proposed revocation take place before a duly designated representative of the executive director. No person who has been involved in any aspect of the suspension and/or revocation decision may serve as a hearing officer. The hearing shall be set for a date within five business days of the

request.

(3) At the hearing, the authority shall present evidence and the responsible person, or his designee, may present documentary evidence and/or witness testimony related to the alleged offense. The strict rules of evidence shall not apply. To revoke a permit, the authority must show, by a preponderance of the evidence, that the offense occurred. If the responsible party does not appear for the hearing, and has not requested, or has already received, a continuance, then the hearing officer may revoke the permit by default.

(4) Within five business days following the hearing, the hearing officer shall issue a written decision stating whether the permit shall be revoked, and the grounds therefor. This decision shall be sent by certified mail to the responsible person at the address provided, with a copy by email or fax when provided, and shall be effective upon such service. It shall constitute a final decision of the authority. If there was insufficient evidence for a permit revocation, any temporary emergency suspension still in effect shall be dissolved and the permit reinstated. If the decision is to revoke the permit, and the permit holder(s) is/are still engaged in distribution, solicitation, or demonstration at the airport, the authority may serve a copy of the decision on the persons engaged in such activities and the permit revocation shall be effective immediately.

(5) Any person or organization whose permit is revoked shall not be entitled to apply for a new permit under these rules and regulations for a period of three months following the date or the hearing officer's revocation decision.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 176.4