Complaint to the Broward ACLU Legal Panel - September 11, 2010:

I think that all of you know that, for the past 6 years or so, I have been campaigning for various candidates
and issues, along with many other Democratic Party activists, outside the West Regional Courthouse at Pine
Island and Broward. And for the past 6 years, we ALWAYS set up a table and chair outside the Courthouse
to help us do our public outreach. The table and chair have always been placed on the grass next to the
walkway, and have never impeded anyone going to or from the Courthouse. In all this time, we have NEVER
had an incident involving or anyone questioning the use of our table and chair. Until now!

In mid 1uly, my friend and fellow activist, Ralph Rickel, went to the Courthouse to do a little electioneering
before the Primary Election. After he set up a card table and chair, he was told by 2 Broward Sheriffs that
could not have the table and chair with him. He could stay, but the table and chair could not. Ralph closed
up the table and left.

Attorney Alex 1ohnson, who is also a Democratic Party activist, ran into a similar situation in August at the
African American Research Center, where volunteers were told they were forbidden to sit in their small
folding chairs while they handed out voter guides. When he asked Senior Assistant County Attorney 1ames
Rowlee what was going on, he was told that "this decree is not supported by any ordinance, but based on the
County's 'inherent authority' to regulate its property." County Attorney Rowlee also sent Alex a copy of the
following message which he had apparently sent to the County Commissioners:

"Commissioners,
I want to advise you oI a Iew issues we have been experiencing at the early voting sites.
As you are aware, ten oI the eleven sites currently operating are County Libraries. Some Iolks
campaigning outside the 100 Ioot buIIer zone have set up tables and/or chairs. We have stopped
this practice Ior a Iew reasons, liability and continued operations. Allowing a candidate to set up
such a post would lead to other candidates doing the same, which could interIere with the ability
oI those wishing only to visit the library. Additionally, this creates undo risk to the County Ior
liability claims.
Another issue has been temporary election signs. County ordinance (Sections 39-60(9) &
39-51) prohibits these signs on public property or property owned by the County. Further, these
signs are subject to removal without notice. Notices oI this prohibition have been distributed to
Libraries Division Ior placement at the early voting sites where the County owns the property
outside oI the 100 Ioot buIIer zone (please see attached list). Security guards will remove any
signs as part oI their rounds. For the remaining sites, they are subject to the ordinances and
policies oI the municipality where they reside.
These issues aside, the ability to campaign outside the buIIer zone by handing out Iliers,
carrying signs, and talking to people is not being hindered.
Libraries where the County owns property outside oI the buIIer zone:
AIrican-American Research Library, 2650 Sistrunk Boulevard, Fort Lauderdale, FL 33311-8658
Main Library,100 S. Andrews Avenue, Fort Lauderdale, FL 33301-1830
Miramar Library, 2050 Civic Center Place, Miramar, FL 33025-7878
Tamarac Branch Library, 8701 W. Commercial Boulevard, Tamarac, FL 33321-4310
West Regional Library, 8601 W. Broward Boulevard, Plantation, FL 33324-2611
Weston Branch Library, 4205 Bonaventure Boulevard, Weston, FL 33332-2111"

Also in August, when Cynthia Busch, Plantation's Area Leader for the Democratic Party, asked whether
our activists could set up a table outside the West Regional Courthouse (as we have done for the past 6 years),
she received the following email message from Sam Katzen, one of the County Building Managers: "After
consultation with Public Communications and County Administration, your organization's personnel is
allowed to exercise their 1st amendment rights; however, in exercising those rights, they will not be allowed to
erect tents, beach umbrellas, tables, and/or chairs on the county property. This policy applies to all Broward
County Courthouses."

Since returning from my vacation, I have been going back out to the West Regional Courthouse on
Monday, Wednesday, and Friday with my table and chair. So far, I have not been arrested, ticketed, or even
approached by anyone about the table and chair. Nevertheless, when Alex 1ohnson inquired of County
Attorney 1ames Rowlee whether this new policy banning tables and chairs was still in effect, he received the
following response on September 2nd: "....please be advised that the County policy prohibiting campaign
workers from setting up tables and chairs at early voting sites on county property is still in effect."

I note that he used the words "at early voting sites", but it certainly is not clear that they are limiting the
ban just to those locations.

Understanding that this prohibition is aimed only at the table and chair, I hasten to point out how
important it is for volunteers like myself to have such equipment when we are out campaigning for two or
three hours in the brutal South Florida heat. When we are doing public outreach, it often consists of having
people sign a petition or a commitment card or a volunteer sign-up sheet or an absentee ballot request form,
and it always consists of material and/or fliers that we distribute. Not only do we store hundreds of fliers and
other material on the table, not only do we have people sit down to fill out the petitions or forms at the table,
and not only do we have campaign signs attached to the table for additional public outreach, but we also
every now and then sit down, rest, and have a drink of water so that we won't get dehydrated and faint from
the heat. Without the table and chair, it would be very difficult if not impossible for us to continue our
political outreach at the same effective level that we do now.

As Alex 1ohnson has said: "The issuance of this decree for the first time in the County's 95-year history,
right at the start of early voting, certainly indicates a specific intent to hinder volunteers in the exercise of
their constitutionally-protected political speech." I am asking the Legal Panel to recommend that the
Broward ACLU challenge this policy (assuming that it is an official County policy). Alex has offered to take
on this case for the Chapter provided that those with more experience in First Amendment law will give him
some help. Assuming that the Legal Panel and the Chapter agree to pursue this, I have asked Alex to prepare
a draft of a letter to be sent by the Broward ACLU to the County Attorney, with copies to all County
Commissioners, pointing out that the American Civil Liberties Union views the County's new policy as a
violation of the First Amendment's free speech guarantee, and asking them to demonstrate any legitimate
legislative basis for their position.

If we end up having to file a complaint, I'm perfectly comfortable being the complaining party.

Please vote yes or no right away. If a majority agrees, I will bring it before the full Board.

Alan E.