LTD reviews signature gatherer case.

Byline: RANDI BJORNSTAD The Register-Guard

The Lane Transit District Board will consider a revised ordinance Wednesday night that tries to reconcile the right of initiative petition supporters to gather signatures on LTD property with district officials' desire to maximize the "safety, comfort and convenience" of passengers.

It appears unlikely the proposed language will meet with the approval of the American Civil Liberties Union, however, which took the transit district to court more than two years ago after LTD barred signature-gatherer Steven Leppanen from seeking signatures at the Eugene downtown transit station.

The ACLU won its case in Lane County Circuit Court and prevailed again after LTD appealed the decision to the state Court of Appeals.

The courts ruled that signature gatherers enjoy free-speech protections in public places but that the district has the right to impose some restrictions on the way that particular political activity can be conducted on its property.

For example, signature gatherers can be restricted from collecting signatures on buses or getting in the way of passengers trying to enter or leave the vehicles.

In the past, LTD's operating rules named specific activities not allowed on its properties, saying "No person shall canvass, seek signatures, picket, collect money, solicit sales, or sell or distribute anything of commercial or noncommercial value" at bus shelters or loading platforms or within eight feet of doorways or ticket counters.

The ACLU challenged the "seek signatures" portion of that ordinance on the grounds that it violates citizens' free-speech rights in public places as protected by the Oregon Constitution.

Now district officials are seeking to adopt more general language that would allow only "passengers, district personnel and those transacting district business" in its administrative and customer service areas or on boarding platforms.

The proposed ordinance also retains wording that prohibits anyone from interfering with the "free movement" of passengers or otherwise disrupting normal district operations.

Dave Fidanque, executive director of the Oregon ACLU, said he believes LTD's new wording continues to defy free-speech protections of the Oregon Constitution.

"I understand what they're trying to do, and that's to close off the downtown (bus) station to anyone except paying passengers, in order to exclude signature gatherers," Fidanque said. "They're trying to do an end run around the state Constitution - the ACLU is quite chagrined and amazed that the LTD staff and board just don't get it."

However, Mark Johnson, the director of transit operations at LTD, said the district believes their proposed wording satisfies the court rulings protecting signature gathering.

"Signature gathering has special rights in Oregon that are stricter than the U.S. Constitution, and we've revised our ordinance according to the courts' direction as we understand it," Johnson said.

"The real argument is whether the transit station is public like a sidewalk is public. The definition of public space has never been very well defined by the courts."

LTD contends that although it receives public money, it operates as a business and should have the right to protect that business, particularly by shielding its customers from unwanted advances.

"We need to promote ridership and maintain a nice, friendly and safe environment for our passengers," Johnson said. "To do that, we need to hold onto as much control over the environment of our passengers as we can."

That point of view doesn't sit well with the ACLU's Fidanque.

"We don't accept that idea - we continue to believe that LTD's downtown station is public property and therefore open to free speech and political discourse," he said.

"Pursuing this further is a real waste of taxpayers' money, but if they want to spend another $100,000 or so arguing about this (in court), we'll be more than happy to oblige."

WHAT'S NEXT

What: Discussion of a revised ordinance on gathering initiative petition signatures on Lane Transit District property.

When: 6:30 p.m. Wednesday.

Where: At the LTD Board meeting in the board room at LTD headquarters, 3500 E. 17th Ave., Glenwood.

For more information: Call LTD at 682-6100 or the American Civil Liberties Union at 683-9277.