and visitors to the Capital Region throughout the year. The State EducationBuilding, the Swan Street Building and the Alfred
Smith State Office Building arealso located in the immediate vicinity
I am thoroughly familiar with past and present uses
Plaza, as well as thesurrounding grounds and other state facilities. I have responsibility for reviewing orsupervising legal issues with respect to permit applications
vendors seeking toparticipate in cultural events at the Empire State Plaza including concerts, familyevents days, food festivals, the farmer's market, the winter food program, the July 4
NYS Celebration, the holiday tree lighting and various other programs sponsored bythe OGS Convention and Cultural Events Office. For the past ten years, I have beeninvolved in reviewing applications
groups and individuals seeking permits forvarious political events, protests and rallies on state property surrounding theCapitol.
OGS issues permits for First Amendment expressive activities in West Capitol Park(located between the Alfred
Smith State Office Building and the Capitol), and inEast Capitol Park (which lies directly east
the State Capitol Building). We havealso issued permits (on a few occasions) for expressive activities in Lafayette Parkwhich lies directly across the street from East Capitol Park.
To the best
my recollection, the Plaza level
Empire State Plaza hasgenerally not been made available or used for political events, protests, and/orpolitical speech except in a few limited instances. Instead, with the intent
"granting equal access to
all citizens" (9 NYCRR 300-1.1), the Plaza has beenreserved for the peaceful use and enjoyment by State employees and the public and
Case 1:13-cv-01053-MAD-RFT Document 29 Filed 09/11/13 Page 3 of 28