In the wake of an incident at Union Station, the Connecticut Department of Transportation has updated its free speech policy to make clear that people do not have to first ask for permission before exercising their First Amendment rights at any state-owned transportation hubs.
State DOT Transportation Supervising Rail Officer Craig Bordiere sent out the updated policy on Oct. 31 to all operators of state-owned public transportation facilities, including to New Haven’s parking authority (known as Park New Haven), which manages Union Station on behalf of the state.
This summer, a Park New Haven staffer at Union Station confronted two Uber drivers and labor organizers, Carlos Gomez and Rosana Olan, about their handing out union leaflets on the sidewalk outside of the train station.
“You cannot hand out a union paper on state property,” city parking authority manager Lue Hemingway lied during that video-recorded encounter.
The updated policy distributed by Bordiere clearly states that Gomez and Olan’s labor organizing activity — as well as that of anyone else exercising their freedom of speech rights in a safe way — is protected at Union Station.
“The Department makes no limitation on Parties that may speak at public transportation facilities nor the content of the speech,” the policy reads. “This policy, however, does not intend to exempt Parties from being responsible for the abuse of their free speech rights, e.g. making illegal threats. The Department does not require advance notice from these Parties. The Department encourages Parties to check-in with the facility manager, although this is not required.”
“The Department and its third party operators,” the policy continues, “reserve the right to direct anyone exercising their free speech rights to locate in areas that do not interfere with the operation of the facility.
James Bhandary-Alexander, a local legal aid attorney who focuses on labor rights, praised the new policy for clearly stating that 1st Amendment rights are protected.
“We can thank Carlos Gomez and Rosana Olan, organizers who stand up every day for labor and civil rights, for this new policy protecting free speech rights for all people at Union Station,” he told told the Independent in an emailed statement. “Nobody needs to ask the officials at Union Station for permission to speak, to organize, or assemble. New Haven Legal Assistance welcomes the opportunity to meet with drivers and city officials to talk through the implementation of this policy.”
Click here , or see below, to read the new, updated policy in full.
Bureau of Transportation Policy — Free Speech Activities
This policy describes the Department’s approach to free speech activities at train stations, bus stations, ferry landings and park & rides.
The Department is responsible for the state’s public transportation system. The trains, buses and ferries in this system move 84 million people annually. These customers pass through stations and terminals, often located at the center of communities and neighborhoods. Public transportation facilities are also public meeting spaces, hosting farmers’ markets, performing arts events and community celebrations. Additionally, individuals and organizations (“Parties”) may exercise their Constitutionally-guaranteed free speech rights at these facilities.
The Department has contracted the operation and maintenance of these public transportation facilities to third parties. The third party operators include municipalities, quasi-public agencies such as parking authorities and private contractors. Their primary responsibility is to maintain a safe, convenient and comfortable facility for public transportation users. They must carry out these duties in accordance with direction provided by the Department. Their duties include accommodating Parties wishing to exercise their Constitutionally-guaranteed free speech rights.
The Department makes no limitation on Parties that may speak at public transportation facilities nor the content of the speech. This policy, however, does not intend to exempt Parties from being responsible for the abuse of their free speech rights, e.g. making illegal threats. The Department does not require advance notice from these Parties. The Department encourages Parties to check-in with the facility manager, although this is not required.
Given the importance and significance of public transportation to the people we serve, as well as the Department’s obligations to third parties involved (train and bus companies, food and other vendors, park and ride users), safe and efficient business operations must take precedence over other activities at these locations. Therefore, the Department and its third party operators reserve the right to direct anyone exercising their free speech rights to locate in areas that do not interfere with the operation of the facility. Due to the safety risks evident on train platforms, Parties must not enter, obstruct, block or stand on any train platform during the exercise of their rights under this policy. Additionally, Parties must not block passageways, stairs, escalators or elevators; Parties must not obstruct ingress or egress to the facility including areas designated for drop-offs and pick-ups by personal or hired vehicles; Parties must remain within public areas of the station; and Parties are not permitted into areas reserved for employees, police, vendors or others not part of the public.
This policy has been distributed to all operators of State of Connecticut-owned public transportation facilities.
Issued: 10/31/2019
Hurray for the First Amendment and the people who use it and protect it.