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HomeMy WebLinkAbout~Master - Approving Policy on Outdoor Displays on City-Owned Property RESOLUTION NO. 23-550 RESOLUTION APPROVING POLICY ON OUTDOOR DISPLAYS ON CITY-OWNED PROPERTY FOR THE CITY OF AMES,IOWA WHEREAS, at Tom Evans Plaza on Main Street, the City has historically allowed the Ames Chamber of Commerce to place a display during the holiday season; and, WHEREAS, under First Amendment case law, the City had thereby created a limited "public forum" for the holiday season by allowing the Ames Chamber of Commerce to place a display, and that denying another group that wanted to put up a display would likely be viewed as "content discrimination"under First Amendment case law; and, WHEREAS, under First Amendment case law, after establishing a public forum, the City is allowed to place "reasonable time,place and manner"restrictions,but cannot engage in content discrimination. The City could not prohibit displays because of the nature or message of the displays, for example by approving displays that are secular in nature but prohibiting religious displays, or by prohibiting displays that the City Council or others might view as offensive; and, WHEREAS, the City can decide not to allow any ongoing displays on City property, even if displays have been allowed displays in the past. If this decision is consistently adhered to in the future, such a policy would not be a violation of the First Amendment. Such a policy would not prevent attended,temporary displays in conjunction with a gathering or rally where the temporary displays are removed at the conclusion of the gathering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that a policy that no ongoing displays, other than City-owned displays, will be allowed on City property, with the exception of temporary displays in conjunction with a rally or gathering of people, is hereby approved. ADOPTED THIS loth day of October, 2023. Renee kall, City Clerk John A. Haila, Mayor Introduced by: Beatty-Hansen Seconded by: Junck Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 1 Oth day of October, 2023.