SA MASSEOP MASSACHUSETTS REPUBLICAN PARTY x July 22, 2022 Retail Businesses ATTN: Legal Counsel/Operations Managers Corporate Office RE: Signature gathering for Ballot Question on sites of Strategic Retall Establishments Dear General Counse/Operations Managers: | write to request your cooperation with signature collection efforts, on behalf of the Massachusetts Republican Party (MassGOP), As you are no doubt aware, MassGOP supports the process of collecting signatures for a certain issue to place @ question on the voters ballots in the upcoming election. Signature collection efforts have been subject to organized disruption recently prompting this correspondence. ‘There have been, in the last week, several incidents where counter-protestors have ‘shown up at various locations, attempting to exercise a "heckler’s velo” against signature collection efforts. A’heckier's veto is when opponents ofa first amendment activity, such as collecting signatures, is the subject of counter-protests designed to threaten disorder ifthe frst amendment activity is nat ceased. See Berger v Battaglia, 779 F 26 982 (ath Cir. 1985)(’ Historically, one of the most persistent and insidious threats to frst amendment rights has been that posed by the “hecklers veto,” imposed by the successful importuning of government to curtail “offensive” speech at peril of suffering disruptions of public order.’); Hedges v. Wauconda School District, 9 F.3d 4295. 1299-1300 (7th Cir. 1993) (‘The police must permit the speech and control the crowd; there is no hecklers veto... Just as bellcose bystanders cannot authorize the ‘government to silence a speaker. so ignorant bystanders cannot make censorship legitimate.”) Under the Massachusetts Constitution, under Article 9, there exists a right to collect Cts MassGO lostsipseStnahrin ‘BS WT Cangs Pak, Suite 5650, Woburn, MA 01801 1 (617) 523-5005 » MASSGOP.COMsignatures at retail locations throughout the Commonwealth of Massachusetts, Batchelder v Allied Stores, 388 Mass. &3 (1983) (‘We conclude that any person seeking signatures in connection with access to the ballot, and distributing material associated therewith, has a ight under art. 9 of the Declaration of Rights to do so, in a reasonable ‘and unobtrusive manner, in the common areas of a large shopping mall, subject to reasonable regulations adopted by the mall owner.”) These rights are subject to reasonable concems ofthe retailers such that business operations continue efficiently The counter-protestors have disrupted signature collection efforts, by being disruptive, combative, and even attempting to destroy the signature sheets signed by supportive voters. The local police or local managers have been coerced on numerous occasions into dispersing both parties. This is the essence of a heckler’s veto preventing lawful action by chaos. Although with the best of intentions, local managers have unwittingly aided the counter-protesters Ina series of incidents this week, in various cities and towne, managers have allowed or enabled the counter-protestors the fullest extent of a heckler's veto. One manager, incorrectly, and unlawfully, ofdered the signature gatherers off the premises. Another had the police disperse both groups. We also understand that local managers have ‘been unfairly targeted for public pressure campaigns. We respectfully ask that, as long as our signature collectors are calm and peaceful you allow the police to perform their function to prevent the counter protestors from having their veto. Consenting to allow extortion by the throwing of public tantrums suits neither the aims of signature gatherers or the retailers business concerns. Volunteers are informed, dedicated, respectful and cooperative, unlike the counter-protestors, We ask that managers fully understand the applicable Massachusetts law, as well as the evident purpose of those disrupting your business, to ensure that they impose neither unreasonable conditions nor ask signature collectors to leave. We will send a similar communication to the police chiefs to ensure that their officers, iit becomes necessary to summon them, know that we have the right to peacefully collect signatures and are entitled to their protection at your stores while doing so. ‘You are invited to respond so that an open dialogue may exist in this regard to address your concems. To the extent possible and within the bounds of existing law, MassGOP will convey your concerns to participating signature gatherers. Respectiully, ty David W. Carr, General Counsel MassGOP pwejg CCatya4sGOPJoclbusinesSigatering