§ 11-61-104 — Time, place, and manner restrictions -- Generally applicable restrictions by ordinance.

(1) If a political subdivision imposes a generally applicable or individually applicable time, place, and manner restriction on expressive activity on public grounds, the political subdivision shall ensure that the restriction:

(1)(a) is narrowly tailored to serve an important governmental interest, including public access to the public building, public safety, and protection of public property;
(1)(b) is unrelated to the suppression of a particular message or the content of the expressive activity that the restriction addresses; and
(1)(c) leaves open reasonable alternative means for the expressive activity.
(2) A political subdivision may not impose a generally applicable time, place, and manner restriction on expressive activity on public grounds unless the political subdivision:

(2)(a) imposes the restriction by ordinance; or
(2)(b) (2)(b)(i) adopts an ordinance to guide the adoption, by policy or practice, of restrictions on expressive activity on public grounds; and
(2)(b)(ii) adopts, by policy or practice, the restriction in accordance with the ordinance described in Subsection (2)(b)(i) and with the constitutional safeguards described in Subsection (1).

Legislative History

Enacted by Chapter 188, 2018 General Session