House Engrossed

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

CHAPTER 97

HOUSE BILL 2528

AN ACT

Amending section 9-499.13, Arizona Revised Statutes; RELATING TO municipal regulation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-499.13, Arizona Revised Statutes, is amended to read:

START_STATUTE9-499.13. Sign walkers; regulation; exception; definition

A. From and after December 31, 2008, notwithstanding the authority to regulate signs pursuant to section 9-462.01, and as a matter of statewide concern, all municipalities shall allow the posting, display and use of sign walkers. Except as provided by subsection B of this section, municipalities may adopt reasonable time, place and manner regulations relating to sign walkers.

B. A municipality that adopts reasonable time, place and manner regulations relating to sign walkers may not restrict A sign walker from using A public sidewalk, walkway or PEDESTRIAN thoroughfare.

C. This section may be enforced in a private civil action and RELIEF, including an injunction, may be awarded against a municipality.� The court shall award reasonable attorney fees to a party that prevails in an action against a municipality for a violation of this section�

B. D. For the purposes of this section, "sign walker" means a person who wears, holds or balances a sign. END_STATUTE

Sec. 2. Legislative intent

The legislature finds, determines and declares that:

1. In a traditional public forum, freedom of speech is a fundamental right that must be protected from unreasonable abridgment by municipal regulation and enforcement.

2. Public sidewalks, walkways and pedestrian thoroughfares within a municipality are traditional forums and have immemorially been held in trust for the use of the public, and time out of mind, have been used for the purposes of assembly, communicating thoughts between citizens and discussing public questions.�

3. It is the public policy of this state that equal access to public sidewalks, walkways and pedestrian thoroughfares is fundamental to the exercise of free speech and expression.� Notwithstanding reasonable time, place and manner regulations, the use of public sidewalks, walkways and pedestrian thoroughfares must be uniform as between sign walkers and all other individuals.

4. Municipal regulations of time, place and manner that target sign walkers and prevent the equal use of public sidewalks, walkways and pedestrian thoroughfares by sign walkers violate the public policy of this state and are void.

5. The legislature intends that section 9-499.13, Arizona Revised Statutes, as amended by this act, be construed in favor of allowing sign walker speech and permitting sign walker access to traditional public forums within a municipality.