New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter IV - Syracuse Regional Airport Authority
Part 176 - Rules and Regulations
Section 176.4 - First amendment activities
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 176.4
Current through Register Vol. 46, No. 39, September 25, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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