Request By:
Warren Havens
Director, Public Affairs
ISKCON
5431 Jonestown Road
Harrisburg, Pennsylvania 17112
Opinion
Opinion By: Robert F. Stephens, Esq., Attorney General; Mark F. Armstrong, Esq., Assistant Attorney General
We are in receipt of your letter in which you ask our opinion of the extent to which members of the International Society for Krishna Consciousness (hereinafter "Society") can be limited in the distribution of literature and holding discussions with patrons pertaining to the Society and soliciting contributions for the Society at the Kentucky State Fair.
The Kentucky State Fair is administered by the State Fair Board acting through an appointed manager, KRS 247.130(2). The manager is a public official, Taylor v. Commonwealth, 305 Ky. 75, 202 S.W.2d 992 (1947). The State Fair Board is an agency of the Commonwealth, KRS 247.100; KRS 12.020, II, 11. The operation of the Kentucky State Fair is a state activity, cf. Kentucky State Fair Board v. Nicklies, Ky., 361 S.W.2d 289 (1962).
The Society is organized as a non-profit corporation under the laws of the State of New York. It has received tax exempt status under Int. Rev. Code of 1954, § 501(c)(3), by virtue of its religious purpose. Members of the Society are obliged by their beliefs to enter public places and distribute literature pertaining to the Society and solicit contributions, International Soc. for Krishna Con. v. City of New Orleans, 347 F.2d 945, 946 (E.D. La., 1972). We set forth these facts about the Society for the purpose of establishing that the Society desires to propagate through its adherents its philosophical and religious doctrine.
As noted, supra, its method of propagation is through public discussion and distribution of literature. Thus, the issue presented is primarily whether the guarantee of freedom of speech contained in the First Amendment made applicable to the several States by the Fourteenth Amendment, cf. Near v. Minnesota, 283 U.S. 697 (1931), permits members of Society to enter the Kentucky State Fair and engage in the activities described above without limitation by the Commonwealth.
At this late date, it is beyond cavil that ordinarily the Society has a right to enter upon public property, which is generally open to the public, and distribute literature, cf., Jamison v. Texas, 318 U.S. 413 (1943), to engage in discussions with patrons, 1Hague v. C.I.O., 307 U.S. 496 (1939), and to solicit contributions, Murdock v. Pennsylvania, 319 U.S. 105 (1943). These rights are not absolute and the Commonwealth might still lawfully restrict the exercise of these First Amendment rights, cf. Adderly v. Florida, 385 U.S. 39 (1966).
The Commonwealth may limit the exercise of these rights so that the activities are conducted at a reasonable time, place, and manner consistent with the normal use of the property, cf. Albany Welfare Rights Organization v. Wyman, 493 F.2d 1319 (2nd Cir. 1974); Grayned v. Rockford, 408 U.S. 104 (1972).
The foregoing constitutes a general statement of the right of the Society to enter the Kentucky State Fair to disseminate its beliefs and the extent to which the Commonwealth through the State Fair Board may limit the activities of the Society. A more precise statement of the specific activities and the location at which the Society may perform them cannot be made. Nevertheless, we note with approval the Stipulation to which the Society has agreed to abide.
The obligations assumed by and the rights given to the Society in this Stipulation (which is attached) are consonant with the Court decisions mentioned above which have interpreted the exercise of rights given by the First Amendment. It may be that additional provisions will be required to tailor this Stipulation to the needs of the Kentucky State Fair. The validity of these additional provisions, if any, depends upon their compliance with standards generally discussed above on the exercise of First Amendment rights and the limitations which can be imposed by the Commonwealth.
The State Fair Board has adopted 303 KAR 1:080 which regulates the exercise of First Amendment rights at the Exposition Center. We decline to determine its validity at this time other than to comment that it may be inapplicable to the activities of the Society in the circumstances here present, see Shuttlesworth v. City of Birmingham, 394 U.S. 147 (1969).
SUMMARY: The Society has the right to attend the Kentucky State Fair and to engage in conversation with consenting patrons, to distribute literature, and to solicit contributions. The Commonwealth has the power to restrict these activities to a time, place, and manner consistent with the use of the property, i.e. the operation of a State fair. It is not possible to render a detailed statement of permissible activities and limitations thereon. Nevertheless, we note with approval the Stipulation offered by the Society and believe the rights and limitations contained therein are in agreement with the guarantee of the First Amendment.
STIPULATION
The International Society for Krishna Consciousness (ISKCON) and the , hereby stipulate as follows:
(Definition of activity)
1. ISKCON members will be engaged in a religious practice of:
a. talking to or otherwise communicating with third parties about their religious views,
b. disseminating religious materials including magazines, books, cards, records and other information.
c. presenting gift-greeting items such as sactified flowers and candy -- or incense sticks and other small items.
d. requesting and accepting contributions from said third parties for their religious literature, establishments and programs.
(Registration, liaison and fees)
2. ISKCON will provide a liaison to provide the information indicated herein and represent the society in any other necessary communications with any appropriate fair, security and government officials (city, county or state).
3. ISKCON's public affairs office may be called collect in case the liaison cannot be located at a time of needed communication. The liaison will provide this number.
4. ISKCON members will register in person or by phone at the beginning of each fair, show or event giving names and ages of members and times and places of activity to appropriate police officials, (changes will be reported immediately);
5. ISKCON members as referred to herein means only those persons designated as such by the liaison not others.
6. ISKCON members will present to appropriate state officials copies of ISKCON's State and IRS tax exempt certificates to prove the legitimacy of their society.
7. ISKCON members will pay all fees charged at the fair/event.
(Manner of activity)
8. ISKCON members will engage in said activities in a peaceable manner and without harassment to the public. Likewise, ISKCON members are entitled to due protection from harassment by the public, (including persons patronizing the fair/event, parties and their agents, contracted to run fair/event attractions and parties and their agents renting fair/event booths or facilities) as afforded by applicable Federal, State and local laws respecting breach of the peace, harassment, libel and slander etc.
9. ISKCON members while performing the activities described herein, will not be interfered with in any way by any fair/event, or involved government, agency, agents or employees.
10. ISKCON members will be issued with standard ISKCON I.D. cards and will wear them in a visible manner;
11. ISKCON members will in no way express that any fair or government agency or any organization other than ISKCON is sponsoring and/or connected with their activities.
12. ISKCON members will not massively distribute hand bills which may lead to littering, our smallest literature being a substantial magazine given only to those agreeing to take it;
13. ISKCON members will not install or cause to be installed any type of structure such as but not limited to counters, tables, chairs and signs, unless a special request is made and approved;
14. ISKCON members, no more than two at a time, will approach and engage in said activities, any individual person or party unless consented to by that party;
15. ISKCON members will not engage in any deliberate touching of unconsenting persons;
16. ISKCON members will not use any sound amplification.
(Place of activity and number of representatives)
17. ISKCON members will not perform said activities at any area not open to the general public and specifically not in private concession areas and other areas rented by private parties;
18. ISKCON members may engage in said activities in buildings open to the public only as follows:
a. At open lobbies and hallways;
b. At exhibition areas -- at locations at least 10 feet from any exhibit or booth;
c. Not in any stairs
d. Not in the seating areas of any arena, lecture or performance facility.
19. ISKCON members will not perform said activities with people engaged in sitting and watching a performance or other special attraction, or waiting in a ticket line, coat line or refreshment line unless prior unsolicited consent in expressed.
20. ISKCON members will not operate directly in front of any entrances/ exits to the fair/event or any entrances/ exits to any buildings. Directly in front, means here, no closer than 15 feet from the main entrances/ exits and 10 feet from all others.
21. ISKCON, by its liaison or public affairs office only, may agree to further limitation of the locations of said activities (after discussing with appropriate officials, referred to herein) if the need for such is clearly demonstrated, to safeguard a legitimate fair/event function or interest. If agreed upon, these limitations shall be:
22. ISKCON members engaged, at one time, in said activities, shall number no more than the following: (Designate the total number and/or numbers at specific, allowed areas. Registered representatives may number more than the number allowed to engage in said activities at one time.)
Other stipulations:
The International Society for Krishna Consciousness (ISKCON)
BY Warren C. Havens, Director of Public Affairs and/or
DATED:
By Liaison for ISKCON
DATED:
BY
Title of authorized Fair/event, official or appropriate official of the city, county or state agency, operating the fair/event:
DATED:
Footnotes
Footnotes
1 Of course, the patron is not required to engage in a conversation and the Society cannot press an unwanted discussion upon the uninterested patron, cf. Rowan v. Post Office, 397 U.S. 728, 736-737 (1970).