Definitions.

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  • (1) "Expressive activity" means:
    • (a) peacefully assembling, protesting, or speaking;
    • (b) distributing literature;
    • (c) carrying a sign; or
    • (d) signature gathering or circulating a petition.
  • (2) "Generally applicable time, place, and manner restriction" means a content-neutral ordinance, policy, practice, or other action that:
    • (a) by its clear language and intent, restricts or infringes on expressive activity;
    • (b) applies generally to any person; and
    • (c) is not an individually applicable time, place, and manner restriction.
  • (3)
    • (a) "Individually applicable time, place, and manner restriction" means a content-neutral policy, practice, or other action:
      • (i) that restricts or infringes on expressive activity; and
      • (ii) that a political subdivision applies:
        • (A) on a case-by-case basis;
        • (B) to a specifically identified person or group of persons; and
        • (C) regarding a specifically identified place and time.
    • (b) "Individually applicable time, place, and manner restriction" includes a restriction placed on expressive activity as a condition to obtain a permit.
  • (4)
    • (a) "Political subdivision" means a county, city, town, or metro township.
    • (b) "Political subdivision" does not mean:
      • (i) a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts;
      • (ii) a special service district under Title 17D, Chapter 1, Special Service District Act; or
      • (iii) a school district under Title 53G, Chapter 3, School District Creation and Change.
  • (5)
    • (a) "Public building" means a building or permanent structure that is:
      • (i) owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;
      • (ii) open to public access in whole or in part; and
      • (iii) used for public education or political subdivision activities.
    • (b) "Public building" does not mean:
      • (i) a building owned or leased by a political subdivision or a subunit of a political subdivision:
        • (A) that is closed to public access;
        • (B) where state or federal law restricts expressive activity; or
        • (C) when the building is used by a person, in whole or in part, for a private function; or
      • (ii) a public school.
  • (6)
    • (a) "Public grounds" means the area outside a public building that is a traditional public forum where members of the public may safely gather to engage in expressive activity.
    • (b) "Public grounds" includes sidewalks, streets, and parks.
    • (c) "Public grounds" does not include the interior of a public building.




Technically renumbered for proper placement.


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