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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MORATORIUM NOW!, a Non-Profit Organization; CHERYL LABASH; THOMAS MICHALAK; JOAN MANDELL; and WALLIS ANDERSEN,

Plaintiffs, v.

DETROIT 300 CONSERVANCY,

Case No. ______________

a Michigan Non-Profit Corporation,

ROBERT F. GREGORY, in his official

Hon. _____________

capacity as President of Detroit 300 Conservancy;

HEATHER BADRAK, in her individual capacity;

GUARDSMARK, a Delaware limited liability

company; GENE DOE, a Guardsmark security guard,

in his individual capacity; JOHN DOE, a Guardsmark

security guard, in his individual capacity; and

SERGEANT THOMAS TAYLOR, a City of Detroit

police officer, in his individual capacity.

Defendants. _____________________________________/

Brooke A. Merriweather-Tucker (P79136)

Raymond J. Sterling (P34456)

Michael J. Steinberg (P43085)

Christine A. Hopkins (P76264)

Kary Moss (P49759)

Cooperating Attorneys, ACLU Fund

American Civil Liberties Union Fund

of Michigan

of Michigan

Sterling Attorneys at Law

2966 Woodward Avenue

33 Bloomfield Hills Parkway, Suite 250

Detroit, Michigan 48201

Bloomfield Hills, MI 48304

(313) 578-6823

(248) 644-1500

btucker@aclumich.org

chopkins@sterlingattorneys.com

msteinberg@aclumich.org

rsterling@sterlingattorneys.com

Attorneys for Plaintiffs

_____________________________________/

COMPLAINT

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INTRODUCTION 1. Throughout our nation’s history, public parks have been the quintessential traditional public forum – a place where the protection of freedom of speech and expression is at its zenith. 2. Self-advertised as “Detroit’s Gathering Place,” downtown Detroit’s Campus Martius is a public park that was created for all individuals to use and enjoy. 3. Although Campus Martius Park is publically owned, the management of the park has been outsourced to a private entity, Detroit 300 Conservancy. Because managing a public park is a public function, Detroit 300 Conservancy must perform its duties in a constitutional manner. 4. The Conservancy, however, has unconstitutionally banned core First Amendment activities such as passing out flyers and petitioning in the park. It has also unconstitutionally barred small groups of protestors from walking through the park and distributing leaflets in a non-disruptive manner at times when there are no other organized activities. 5. To enforce its unconstitutional ban, Detroit 300 Conservancy has hired Defendant Guardsmark to provide private security guards to patrol Campus Martius Park. Working jointly with Detroit 300 Conservancy to carry out the public function of managing the park, Guardsmark and its employees have
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deprived Michiganders of their ability to exercise their First Amendment freedoms in a public forum. Specifically, Guardsmark security guards have prevented Plaintiffs from distributing political literature, seeking signatures on political petitions and marching silently through Campus Martius.
6. Members of the Detroit Police Department have also enforced the unconstitutional restrictions on First Amendment rights at Campus Martius. For example, Defendant Thomas Taylor, a sergeant with the Detroit Police Deparment, told Plaintiffs that while Campus Martius is a public park where they ordinarily have the right to petition and distribute political literature, they must stop when instructed to do so by Detroit 300 Conservancy and its agents.
7. Because of Defendants’ actions, Plaintiffs have ceased exercising their rights to engage in political discourse in Campus Martius Park. However, Plaintiffs would like to return to “Detroit’s Gathering Place” to exercise their First Amendment freedoms.
8. Plaintiffs therefore bring this civil rights action under the First and Fourteenth Amendments to the United States Constitution, as enforceable through 42 U.S.C. § 1983, seeking a declaratory judgment, an injunction and other relief.
JURISDICTION AND VENUE 9. Jurisdiction is proper under 28 U.S.C. §§ 1331 and 1343 because this is a civil action seeking relief for the deprivation of rights secured by the United
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States Constitution. 10. Venue is proper in the Eastern District of Michigan pursuant to 28
U.S.C. § 1391(b), because it is the judicial district where Plaintiffs and Defendants are located or reside, and where the majority of the events and omissions giving rise to this action occurred.
PARTIES 11. Moratorium Now! is a Detroit-based organization dedicated to ending foreclosures, evictions, and utility shutoffs. 12. Plaintiff Cheryl LaBash is a resident of Detroit, Michigan. 13. Plaintiff Thomas Michalak is a resident of Redford Township, Michigan. 14. Plaintiff Joan Mandell is a resident of Royal Oak, Michigan. 15. Plaintiff Wallis Andersen is a resident of Royal Oak, Michigan. 16. Defendant Detroit 300 Conservancy is a registered 501(c)(3) nonprofit corporation located in Detroit, Michigan. 17. Defendant Robert F. Gregory is sued in his official capacity as President of Detroit 300 Conservancy. Upon information and belief, Mr. Gregory resides within the Eastern District of Michigan. 18. Defendant Heather Badrak is the Business and Operations Manager of Detroit 300 Conservancy. She is sued in her individual capacity. Upon
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information and belief, Ms. Badrak resides within the Eastern District of Michigan. 19. Defendant Guardsmark is a company headquartered in New York
with offices located in the Eastern District of Michigan. 20. Defendant Gene Doe is a security guard employed by Defendants
Guardsmark and Detroit 300 Conservancy. While he identified himself as “Gene” to Plaintiffs, Plaintiffs do not yet know his last name and “Doe” is a pseudonym. When his last name is learned through discovery, Plaintiffs will seek to amend this complaint to list his full name. Gene Doe is sued in his individual capacity.
21. Defendant John Doe is a security guard employed by Defendants Guardsmark and Detroit 300 Conservancy. Plaintiffs do not yet know his actual name and “John Doe” is a pseudonym. Plaintiffs will seek to amend this complaint to list his actual name when it is learned through discovery. John Doe is sued in his individual capacity.
22. Defendant Thomas Taylor is a police officer employed by the City of Detroit. He is sued in his individual capacity.
FACTUAL ALLEGATIONS Campus Martius Park is a Publicly Owned Park that is Managed by a Private Entity
23. Public parks are traditional public forums. 24. Campus Martius is a municipally owned public park located in the
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center of downtown Detroit at the intersection of Woodward Avenue, Michigan Avenue, Fort Street, Monroe Street and Cadillac Square.
25. Originally built in the early 1800s, Campus Martius is the point of origin for the state’s mile road system so that, for example, Eight Mile Road is exactly eight miles from the park and Nine Mile Road is exactly nine miles from the park.
26. The Campus Martius district and the surrounding area has a rich history of being a focal point of political expression in Detroit and in Michigan.
27. Due to its central location and layout, pedestrians often walk through Campus Martius Park on its sidewalks when walking to their downtown destination.
28. The sidewalk around the perimeter of Campus Martius Park is also a publicly owned area that looks and feels like a typical public sidewalk.
29. This sidewalk is used for general pedestrian passage and seamlessly connects to the nearby publicly managed sidewalk through a public crosswalk.
30. There are no barriers or other physical boundaries that indicate the sidewalk surrounding Campus Martius Park has a different legal status than other nearby sidewalks.
31. On July 23, 2003, Detroit 300 Conservancy entered into a “Professional Services Agreement” (PSA) for the management, maintenance, and
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operation of Campus Martius Park. 32. In the PSA, Campus Martius Park is characterized as “a public space
owned by the City” and a “Town Square.” 33. In addition, the PSA provides that Detroit 300 Conservancy “shall
comply with and shall require its Associates to comply with all applicable federal, state and local laws pertaining to the performance of the Services.”
34. The PSA also states, “The City and the Conservancy shall develop and mutually agreed upon a system of rules and regulations for the operation and use of the Park.”
35. The PSA further provides, “The City shall provide police presence in and around the Park. The number of police officers and the manner of patrol will be determined solely by the Detroit Police Department. It is expressly acknowledged by the parties that the Conservancy shall have no responsibility for security within the Park.”
36. On its website, Detroit 300 Conservancy describes Campus Martius Park as a “public space in the heart of Downtown Detroit” and states that Campus Martius Park is “the most active pedestrian place in downtown Detroit year-round” and will be “a showcase for the City’s diverse culture,” “an active space like other great urban parks and plazas, dedicated to bringing people together,” a “community gathering place,” and a “place where everybody comes and is
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welcome.” 37. Because the management and operation of a public park is a public
function, state and federal constitutional requirements apply to Detroit 300 Conservancy, as well as its officers and employees, when managing, maintaining and/or operating Campus Martius Park.
38. After entering into the PSA, Detroit 300 Conservancy developed and implemented a set of rules for visitors of Campus Martius Park that it posts on its website and inside the park.
39. As President of Detroit 300 Conservancy, Defendant Robert Gregory is responsible for the development and implementation of the park rules.
40. Detroit 300 Conservancy employs the private security company Guardsmark to enforce these rules.
41. Detroit 300 Conservancy also relies upon City of Detroit police officers to enforce these rules.
42. When enacting and enforcing these rules for the facilities and spaces in and around Campus Martius Park, Detroit 300 Conservancy and its officers and employees are state actors performing a function that has traditionally been the exclusive prerogative of the government.
43. When enforcing the park rules, Guardsmark and its officers and employees are state actors and performing a function that has traditionally been the
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exclusive prerogative of the government. Defendants Prohibited Plaintiffs Moratorium Now!, LaBash and Michalak from Passing Out Political Handbills and Petitioning in Campus Martius Park
44. Formed in 2007, Moratorium Now! is an organization of grassroots activists and organizations that works to stop foreclosures, evictions, and utility shutoffs in and around Detroit.
45. Members of Moratorium Now! frequently distribute flyers to raise awareness about the political issues in which they are involved.
46. Members of Moratorium Now! also frequently gather signatures for petitions and attend town hall meetings in an effort to influence public policy.
47. Plaintiffs Cheryl LaBash and Thomas Michalak are members of Moratorium Now!.
48. On the evening of February 13, 2014, Mr. Michalak posted a “tweet” on the social media site Twitter encouraging activists to come to Campus Martius the following day for a demonstration about the Detroit bankruptcy. The same evening, Ms. LaBash, under the auspice of Moratorium Now!, posted a “tweet” on Twitter explaining that supporters were going to meet at Campus Martius on February 14, 2014, to distribute flyers and circulate a political petition.
49. The flyer advertised a town hall meeting on March 2, 2014, to discuss the Detroit bankruptcy and was entitled: Defend Detroit City Pensions and
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Services -- Make the Banks Pay. 50. The petition was titled, “Investigate and Prosecute the Banks Now!
Make the Banks Pay for Detroying Our Neighborhoods!” 51. Ms. LaBash is a retired employee with the City of Detroit. 52. During her employment with the City of Detroit, Ms. LaBash assisted
in the renovations of downtown Detroit that allowed the current configuration of Campus Martius Park to be built.
53. As a result of Detroit’s bankruptcy, Ms. LaBash’s pension and benefits from her employment with the City of Detroit will be significantly reduced.
54. Moratorium Now! also created a Facebook event page for this flyering and petitioning event.
55. On Friday, February 14, 2014, Ms. LaBash, Mr. Michalak, and two other Moratorium Now! supporters went to Campus Martius Park on behalf of Moratorium Now! to participate in the flyering and petitioning event.
56. Upon arrival, Ms. LaBash and Mr. Michalak noticed several police cars parked at Campus Martius Park.
57. LaBash, Michalak and the other Moratoriam Now! supporters began to petition and distribute political handbills on the sidewalk in the southern end of the park, on the sidewalk next to the historic Soldiers’ and Sailors’ Monument.
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58. Soon after these activists began petitioning and leafleting, a Guardsmark security guard who identified himself only as “Gene,” asked them to leave the park.
59. Gene, referenced as “Defendant Gene Doe” in this complaint, informed Michalak and the Moratorium Now! supporters that he worked for Detroit 300 Conservancy.
60. Gene Doe then told Michalak and the Moratorium Now! supporters that they were prohibited from any political flyering or petition gathering because Campus Martius was private property.
61. Gene Doe also stated that pursuant to the park rules, the group risked arrest if they continued to pass out flyers and gather signatures.
62. The park rules completely prohibit soliciting and the distribution of handbills.
63. The distribution of political handbills and circulation of political petitions are activities protected by the First Amendment of the United States Constitution.
64. The park rules also state that “Patrons of Campus Martius Park are subject to the rules of the City of Detroit Department of Parks and Recreation.”
65. One of the Moratorium Now! supporters explained to Gene Doe that she believed she could pass out leaflets in Campus Martius because it was a public
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park. 66. Gene Doe informed the group that leafleting was a form of solicitation
prohibited by park rules. 67. Gene Doe also stated that the park rules could be imposed because
Campus Martius Park was “open to the public but privately owned.” 68. Gene Doe then explained that Defendant Heather Badrak, the business
and operations manager of Detroit 300 Conservancy, was responsible for determining what activities were permissible at the park.
69. At the urging of the Moratoriam Now supporters, Gene Doe contacted Ms. Badrak.
70. Ms. Badrak reiterated that LaBash, Michalak and the Moratorium Now! supporters were not allowed to distribute literature or gather signatures in Campus Martius Park.
71. Gene Doe further informed Mr. Michalak that Detroit police officers were parked nearby because “a little bird” had informed Defendant Guardsmark that there would be political activists in the park.
72. Gene Doe stated that the officers were stationed there to ensure that Plaintiffs and others did not engage in advocacy prohibited by Detroit 300 Conservancy.
73. Upon information and belief, Gene Doe knew that political activists
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were going to be at the park because of a formal or informal arrangement between Defendant Detroit 300 Conservancy, Defendant Guardsmark and a surveillance center operated by Rock Ventures LLC or one of its subsidiaries to monitor activities at Campus Martius and other places downtown.
74. On information and belief, Rock Ventures LLC or one of its subsidiaries operates a surveillance center in downtown Detroit where individuals monitor the social media of local activist organizations and monitor the video from the dozens of private security cameras around downtown Detroit.
75. On information and belief, the surveillance center alerted Defendants Detroit 300 Conservancy and Guardsmark that supporters of Moratorium Now! would be attempting to distribute political literature about the Detroit bankruptcy in Campus Martius Park on February 14, 2014.
76. On information and belief, Defendants planned and worked in concert to have a Guardsmark security guard and officers from the Detroit Police Department patrol Campus Martius Park at the time of the political event in order to help prevent Moratorium Now! and their supporters from engaging in political activity at Campus Martius.
77. Gene Doe informed Michalak and the Moratorium Now! supporters that they could discuss their concerns with nearby Detroit Police Department officers.
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78. Michalak and the Moratorium Now! supporters then moved across the street to speak with a City of Detroit police officer in his vehicle.
79. The City of Detroit police officer stated that the security guard was correct and that they could not distribute flyers or gather petition signatures in the park.
80. The same police officer further stated that he was stationed there in order to ensure that Moratorium Now! did not engage in these types of political activities.
81. This police officer then called his supervisor, Defendant Thomas Taylor, a sergeant in the Detroit Police Department, who subsequently came to Campus Martius Park.
82. Sergeant Taylor told LaBash, Michalak and the Moratorium Now! supporters that the police were near Campus Martius Park because they had received “intel” about the nature of Moratorium Now’s flyers.
83. Sergeant Taylor further stated that although the park is public, it is privately managed and therefore members of the group could not be in the park if prohibited by Detroit 300 Conservancy.
84. Sergeant Taylor recommended that the activists pursue their activities on the traffic median across the street from Campus Martius.
85. In making these statements, Sergeant Taylor made a deliberate choice
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to affirmatively support the unconstitutional policy imposed by Detroit 300 Conservancy.
86. LaBash, Michalak and the other Moratorium Now! supporters complied with Defendants’ orders to stop petitioning and distributing flyers at Campus Martius.
87. Rather than face arrest, the group ceased their First Amendment activities and left Campus Martius Park.
88. Defendants’ actions injured Moratorium Now!, Ms. LaBash and Mr. Michalak by preventing them from exercising their First Amendment political speech rights in Campus Martius Park.
89. Defendants Detroit 300 Conservancy, Gregory, and Guardsmark have a policy, practice or custom of banning individuals from distributing political flyers in the park.
90. Defendants Detroit 300 Conservancy, Gregory, and Guardsmark have a policy, practice or custom of banning petitioners from asking individuals to sign petitions in the park.
91. Because of these policies, Ms. LaBash and Mr. Michalak no longer distribute flyers or gather petition signatures in Campus Martius Park.
92. Ms. LaBash and Mr. Michalak no longer distribute flyers or gather petition signatures in Campus Martius Park because they fear arrest if they engage
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in this expressive activity. 93. As an organization, Moratorium Now! also does not distribute flyers
or circulate petitions in Campus Martius Park because of fear that its members will be arrested.
94. If not for Defendants’ policies, practices, or customs regulating petitioning and flyer distribution, Plaintiffs Moratorium Now!, Ms. LaBash, and Mr. Michalak would begin to distribute flyers and gather petition signatures in Campus Martius Park again. Defendants Prohibited Plaintiffs Mandell and Andersen from Walking Through Campus Martius Park in Political Protest and Distributing Political Handbills
95. Every month, individuals associated with Women in Black-Detroit hold an hour-long silent vigil and march in a public area to protest domestic and world-wide violence sanctioned by policies of the United States.
96. Plaintiffs Joan Mandell and Wallis Andersen are part of Women in Black-Detroit and regularly participate in these vigils throughout the metropolitan Detroit community.
97. On June 8, 2013, Ms. Mandell, Dr. Andersen and approximately 1520 other individuals associated with Women in Black-Detroit, participated in a vigil in downtown Detroit.
98. During this vigil, the Women in Black supporters met in downtown
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Detroit at the Central United Methodist Church and silently walked in black clothing single-file southbound on the sidewalks of Woodward Avenue towards the Detroit River. Their plan was to walk on the sidewalks of Woodward Avenue through the center of Detroit and then turn around and walk back to their meeting place.
99. Because the participants typically do not speak throughout their demonstration, they distribute small flyers to passersby explaining the purpose of the vigil and march.
100. The first five sentences of the flyer state: “Please Join Women in Black, Detroit, in a silent protest against war and violence at home and abroad. We protest U.S.–sanctioned violence around the world and mourn all victims of war, violence, and occupation. Everyone welcome. Please wear black. Please walk single file and in silence.”
101. Given that Woodward Avenue runs directly into Campus Martius, the vigil participants planned to walk silently on the sidewalk through Campus Martius and to pass out handbills explaining the purpose of their vigil to individuals in the park as they walked through.
102. However, upon entering Campus Martius Park, the Women in Black participants were confronted by a uniformed security guard employed by Guardsmark, Defendant John Doe.
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103. The security guard explained to the Women in Black vigil participants that they were not allowed to march through Campus Martius Park.
104. There were no other commercial or non-commercial organized events happening at Campus Martius at the time.
105. The Women in Black vigil participants, including Ms. Mandell and Dr. Andersen, were forced to leave Campus Martius and re-route their march outside the park.
106. None of the vigil participants, including Ms. Mandell and Dr. Andersen, were able to distribute flyers in Campus Martius or spread their political message inside the park.
107. The Women in Black vigil participants then continued to march southbound for another block on Woodward Avenue and then, as planned, turned around to walk back up Woodward Avenue northbound.
108. As the Women in Black vigil participants marched northbound on Woodward, Ms. Mandell hurried ahead of the group and asked security guard John Doe why the Women in Black vigil participants were forbidden from walking through Campus Martius Park.
109. Ms. Mandell told the security guard that she believed she could walk through the park because it was city-owned.
110. The security guard informed Ms. Mandell that he was hired by the
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management company for the park which made the rules. 111. Ms. Mandell eventually convinced the security guard to allow her and
the Women in Black vigil participants to walk through the park on the way back, but he forbade them from passing out literature.
112. Ms. Mandell, Dr. Andersen and the other vigil participants then walked north through the park but did not distribute any literature.
113. The political activities that Ms. Mandell, Dr. Andersen, and the Women in Black vigil participants were forbidden from carrying out in Campus Martius Park on June 8, 2013, are protected by the First Amendment of the United States Constitution.
114. Since the incident on June 8, 2013, Ms. Mandell, Dr. Andersen and other Women in Black vigil participants have not attempted to walk in or through Campus Martius Park as part of their silent protest for fear of harassment and penalty.
115. In June of 2014, Women in Black had another vigil in downtown Detroit along Woodward Avenue. Because they were forbidden from distributing literature in Campus Martius Park in June 2013, and because they feared that they would not be allowed to march through Campus Martius Park or pass out literature, the Women in Black vigil participants intentionally took a detour around Campus Martius Park and marched on the other side of the street.
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116. Defendants Detroit 300 Conservancy, Gregory, and Guardsmark maintain a policy, practice or custom that prevents small groups of individuals from walking single-file through the park.
117. Defendants Detroit 300 Conservancy, Gregory and Guardsmark maintain a policy, practice or custom of prohibiting individuals or small groups of people from distributing political flyers in the park.
118. If not for Defendants’ policies, practices or customs regulating flyer distribution and small, peaceful marches, Plaintiffs Ms. Mandell and Dr. Andersen would continue to participate in vigils and distribute flyers in Campus Martius Park.
CAUSE OF ACTION First Amendment Right to Free Speech
And 42 U.S.C. § 1983 119. The First Amendment of the United States Constitution prohibits abridgment of the freedom of speech. The First Amendment applies to the states pursuant to the Fourteenth Amendment. Government officials or private persons acting under color of state law who violate the freedoms guaranteed individuals by the United States Constitution are liable at law and in equity under 42 U.S.C. § 1983. 120. At all times relevant to this complaint, Defendants were acting under color of state law because:
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a. They were performing the public function of managing a public park.
b. They were performing the public function of regulating the public’s access to, and use of, a traditional public forum.
c. They conspired, acted in concert with, and acted in joint participation with, each other and with City of Detroit officials to manage a public park and public sidewalk, and regulate the public’s access to, and use of, a traditional public forum.
d. They had a symbiotic relationship or close nexus with the City of Detroit with respect to managing a public park and public sidewalk, and controlling the public’s access to, and use of, a traditional public forum. 121. The First Amendment protects the right of individuals to collect signatures on petitions in traditional public forums such as parks, and on traditional public forums such as sidewalks. 122. The First Amendment to the United States Constitution protects the right of individuals to distribute political flyers in traditional public forums such as parks, and on traditional public forums such as sidewalks. 123. The First Amendment to the United States Constitution protects the right of individuals to organize into small groups and walk through a public park. 124. Even if Defendants instituted a permit process for petitioning,
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leafleting and small, non-disruptive marches at Campus Martius, such a process would violate the First Amendment because it wouold constitute an unlawful prior restraint on speech.
125. Defendants Detroit 300 Conservancy, Gregory, Badrak, Guardsmark, Gene Doe, and Taylor violated the clearly established First Amendment rights of Moratorium Now!, Cheryl LaBash, and Thomas Michalak when they prohibited Moratorium Now! and its supporters from circulating political petitions and distributing political literature on the sidewalk surrounding Campus Martius on February 14, 2014.
126. Defendants Detroit 300 Conservancy, Gregory, Badrak, Guardsmark and John Doe violated the clearly established First Amendment rights of Joan Mandell, and Wallis Andersen on June 8, 2013, when they refused to allow the Women in Black vigil participants to march through Campus Martius and distribute political literature.
127. Defendants continue to violate the First Amendment rights of Plaintiffs by chilling constitutionally protected speech.
RELIEF REQUESTED For the reasons set forth above, Plaintiffs respectfully request that this court:
A. Enter judgment in favor of Plaintiffs and against Defendants; B. Declare that Defendants violated Plaintiffs’ First Amendment rights in
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denying Plaintiffs access to Campus Martius to: 1. Circulate political petitions; 2. Distribute political literature; and 3. Walk through the park as part of a small, non-disruptive protest. C. Enter preliminary and permanent injunctions that prevent Defendants from unconstitutionally barring Plaintiffs and other visitors to Campus Martius from: 1. Circulating political petitions; 2. Distributing political literature; and 3. Walking through the park as part of a small, non-disruptive protest; D. Award Plaintiffs compensatory damages and punitive damages, or, in the alternative, nominal damages, for violations of their First Amendment rights; E. Award Plaintiffs costs and attorneys’ fees pursuant to 42 U.S.C. § 1988; and F. Grant or award such other relief as the Court may deem just, equitable or appropriate under the circumstances.
Respectfully submitted,
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January 28, 2015

/s/ Brooke A. Merriweather-Tucker Brooke A. Merriweather-Tucker (P79136) Michael J. Steinberg (P43085) Kary Moss (P49759) American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6823 btucker@aclumich.org msteinberg@aclumich.org
/s/ Christine A. Hopkins Christine A. Hopkins (P76264) Raymond J. Sterling (P34456) Cooperating Attorneys, ACLU Fund
of Michigan Sterling Attorneys at Law 33 Bloomfield Hills Parkway, Suite 250 Bloomfield Hills, MI 48304 (248) 644-1500 chopkins@sterlingattorneys.com rsterling@sterlingattorneys.com
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MORATORIUM NOW!, a Non-Profit Organization; CHERYL LABASH; THOMAS MICHALAK; JOAN MANDELL; and WALLIS ANDERSEN,
Plaintiffs, v.

DETROIT 300 CONSERVANCY,

Case No. 15cv10373

a Michigan Non-Profit Corporation,

ROBERT F. GREGORY, in his official

Hon. Bernard A. Friedman

capacity as President of Detroit 300 Conservancy;

HEATHER BADRAK, in her individual capacity;

GUARDSMARK, a Delaware limited liability

company; GENE DOE, a Guardsmark security guard,

in his individual capacity; JOHN DOE, a Guardsmark

security guard, in his individual capacity; and

SERGEANT THOMAS TAYLOR, a City of Detroit

police officer, in his individual capacity.

Defendants. _____________________________________/

Brooke A. Merriweather-Tucker (P79136) Michael J. Steinberg (P43085) Kary Moss (P49759) American Civil Liberties Union Fund
of Michigan 2966 Woodward Avenue Detroit, Michigan 48201 (313) 578-6823 btucker@aclumich.org msteinberg@aclumich.org

Raymond J. Sterling (P34456) Christine A. Hopkins (P76264) Cooperating Attorneys, ACLU Fund
of Michigan Sterling Attorneys at Law 33 Bloomfield Hills Parkway, Suite 250 Bloomfield Hills, MI 48304 (248) 644-1500 chopkins@sterlingattorneys.com rsterling@sterlingattorneys.com

Attorneys for Plaintiffs
_____________________________________/

FIRST AMENDED COMPLAINT

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INTRODUCTION 1. Throughout our nation’s history, public parks have been the quintessential traditional public forum – a place where the protection of freedom of speech and expression is at its zenith. 2. Self-advertised as “Detroit’s Gathering Place,” downtown Detroit’s Campus Martius is a public park that was created for all individuals to use and enjoy. 3. Although Campus Martius Park is publically owned, the management of the park has been outsourced to a private entity, Detroit 300 Conservancy. Because managing a public park is a public function, Detroit 300 Conservancy must perform its duties in a constitutional manner. 4. However, the Conservancy unconstitutionally banned core First Amendment activities such as passing out flyers and petitioning in the park. It also unconstitutionally barred small groups of protestors from walking through the park and distributing leaflets in a non-disruptive manner at times when there are no other organized activities. 5. To enforce its unconstitutional ban, Detroit 300 Conservancy hired Defendant Guardsmark to provide private security guards to patrol Campus Martius Park. Working jointly with Detroit 300 Conservancy to carry out the public function of managing the park, Guardsmark and its employees deprived
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Michiganders of their ability to exercise their First Amendment freedoms in a public forum. Specifically, Guardsmark security guards prevented Plaintiffs from distributing political literature, seeking signatures on political petitions and marching silently through Campus Martius.
6. Members of the Detroit Police Department also enforced the unconstitutional restrictions on First Amendment rights at Campus Martius. For example, Defendant Thomas Taylor, a sergeant with the Detroit Police Department, told Plaintiffs that while Campus Martius is a public park where they ordinarily have the right to petition and distribute political literature, they must stop when instructed to do so by Detroit 300 Conservancy and its agents.
7. Because of Defendants’ actions, Plaintiffs ceased exercising their rights to engage in political discourse in Campus Martius Park.
8. Plaintiffs therefore bring this civil rights action under the First and Fourteenth Amendments of the United States Constitution, as enforceable through 42 U.S.C. § 1983, seeking a declaratory judgment, an injunction and other relief.
JURISDICTION AND VENUE 9. Jurisdiction is proper under 28 U.S.C. §§ 1331 and 1343 because this is a civil action seeking relief for the deprivation of rights secured by the United States Constitution. 10. Venue is proper in the Eastern District of Michigan pursuant to 28
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U.S.C. § 1391(b), because it is the judicial district where Plaintiffs and Defendants are located or reside, and where the majority of the events and omissions giving rise to this action occurred.
PARTIES 11. Moratorium Now! is a Detroit-based organization dedicated to ending foreclosures, evictions, and utility shutoffs. 12. Plaintiff Cheryl LaBash is a resident of Detroit, Michigan. 13. Plaintiff Thomas Michalak is a resident of Redford Township, Michigan. 14. Plaintiff Joan Mandell is a resident of Royal Oak, Michigan. 15. Plaintiff Wallis Andersen is a resident of Royal Oak, Michigan. 16. Defendant Detroit 300 Conservancy is a registered 501(c)(3) nonprofit corporation located in Detroit, Michigan. 17. Defendant Robert F. Gregory is sued in his official capacity as President of Detroit 300 Conservancy. Upon information and belief, Mr. Gregory resides within the Eastern District of Michigan. 18. Defendant Heather Badrak is the Business and Operations Manager of Detroit 300 Conservancy. She is sued in her individual capacity. Upon information and belief, Ms. Badrak resides within the Eastern District of Michigan. 19. Defendant Guardsmark is a company headquartered in New York
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with offices located in the Eastern District of Michigan. It contracted with Detroit 300 Conservancy to provide security services in Campus Martius until May 1, 2014, when Detroit 300 Conservancy terminated the contract.
20. Defendant Gene Doe is a security guard employed by Defendants Guardsmark and Detroit 300 Conservancy. While he identified himself as “Gene” to Plaintiffs, Plaintiffs do not yet know his last name and “Doe” is a pseudonym. When his last name is learned through discovery, Plaintiffs will seek to amend this complaint to list his full name. Gene Doe is sued in his individual capacity.
21. Defendant John Doe is a security guard employed by Defendants Guardsmark and Detroit 300 Conservancy. Plaintiffs do not yet know his actual name and “John Doe” is a pseudonym. Plaintiffs will seek to amend this complaint to list his actual name when it is learned through discovery. John Doe is sued in his individual capacity.
22. Defendant Thomas Taylor is a police officer employed by the City of Detroit. He is sued in his individual capacity.
FACTUAL ALLEGATIONS Campus Martius Park is a Publicly Owned Park that is Managed by a Private Entity
23. Public parks are traditional public forums. 24. Campus Martius is a municipally owned public park located in the
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center of downtown Detroit at the intersection of Woodward Avenue, Michigan Avenue, Fort Street, Monroe Street and Cadillac Square.
25. Originally built in the early 1800s, Campus Martius is the point of origin for the state’s mile road system so that, for example, Eight Mile Road is exactly eight miles from the park and Nine Mile Road is exactly nine miles from the park.
26. The Campus Martius district and the surrounding area has a rich history of being a focal point of political expression in Detroit and in Michigan.
27. Due to its central location and layout, pedestrians often walk through Campus Martius Park on its sidewalks when walking to their downtown destination.
28. The sidewalk around the perimeter of Campus Martius Park is also a publicly owned area that looks and feels like a typical public sidewalk.
29. This sidewalk is used for general pedestrian passage and seamlessly connects to the nearby publicly managed sidewalk through a public crosswalk.
30. There are no barriers or other physical boundaries that indicate the sidewalk surrounding Campus Martius Park has a different legal status than other nearby sidewalks.
31. On July 23, 2003, Detroit 300 Conservancy entered into a “Professional Services Agreement” (PSA) for the management, maintenance, and
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operation of Campus Martius Park. 32. In the PSA, Campus Martius Park is characterized as “a public space
owned by the City” and a “Town Square.” 33. In addition, the PSA provides that Detroit 300 Conservancy “shall
comply with and shall require its Associates to comply with all applicable federal, state and local laws pertaining to the performance of the Services.”
34. The PSA also states, “The City and the Conservancy shall develop and mutually agreed upon a system of rules and regulations for the operation and use of the Park.”
35. The PSA further provides, “The City shall provide police presence in and around the Park. The number of police officers and the manner of patrol will be determined solely by the Detroit Police Department. It is expressly acknowledged by the parties that the Conservancy shall have no responsibility for security within the Park.”
36. On its website, Detroit 300 Conservancy describes Campus Martius Park as a “public space in the heart of Downtown Detroit” and states that Campus Martius Park is “the most active pedestrian place in downtown Detroit year-round” and will be “a showcase for the City’s diverse culture,” “an active space like other great urban parks and plazas, dedicated to bringing people together,” a “community gathering place,” and a “place where everybody comes and is
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welcome.” 37. Because the management and operation of a public park is a public
function, state and federal constitutional requirements apply to Detroit 300 Conservancy, as well as its officers and employees, when managing, maintaining and/or operating Campus Martius Park.
38. After entering into the PSA, Detroit 300 Conservancy developed and implemented a set of rules for visitors of Campus Martius Park that it posts on its website and inside the park.
39. As President of Detroit 300 Conservancy, Defendant Robert Gregory is responsible for the development and implementation of the park rules.
40. Detroit 300 Conservancy employed the private security company Guardsmark to enforce these rules at the time the events that gave rise to this case occurred.
41. Detroit 300 Conservancy also relied upon City of Detroit police officers to enforce these rules.
42. When enacting and enforcing these rules for the facilities and spaces in and around Campus Martius Park, Detroit 300 Conservancy and its officers and employees are state actors performing a function that has traditionally been the exclusive prerogative of the government.
43. When Guardsmark enforced the park rules, Guardsmark and its
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officers and employees were state actors and performing a function that has traditionally been the exclusive prerogative of the government.
Defendants Prohibited Plaintiffs Moratorium Now!, LaBash and Michalak from Passing Out Political Handbills and Petitioning in Campus Martius Park
44. Formed in 2007, Moratorium Now! is an organization of grassroots activists and organizations that works to stop foreclosures, evictions, and utility shutoffs in and around Detroit.
45. Members of Moratorium Now! frequently distribute flyers to raise awareness about the political issues in which they are involved.
46. Members of Moratorium Now! also frequently gather signatures for petitions and attend town hall meetings in an effort to influence public policy.
47. Plaintiffs Cheryl LaBash and Thomas Michalak are members of Moratorium Now!.
48. On the evening of February 13, 2014, Mr. Michalak posted a “tweet” on the social media site Twitter encouraging activists to come to Campus Martius the following day for a demonstration about the Detroit bankruptcy. The same evening, Ms. LaBash, under the auspice of Moratorium Now!, posted a “tweet” on Twitter explaining that supporters were going to meet at Campus Martius on February 14, 2014, to distribute flyers and circulate a political petition.
49. The flyer advertised a town hall meeting on March 2, 2014 to discuss
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the Detroit bankruptcy and was entitled: Defend Detroit City Pensions and Services -- Make the Banks Pay.
50. The petition was titled, “Investigate and Prosecute the Banks Now! Make the Banks Pay for Destroying Our Neighborhoods!”
51. Ms. LaBash is a retired employee with the City of Detroit. 52. During her employment with the City of Detroit, Ms. LaBash assisted in the renovations of downtown Detroit that allowed the current configuration of Campus Martius Park to be built. 53. As a result of Detroit’s bankruptcy, Ms. LaBash’s pension and benefits from her employment with the City of Detroit were significantly reduced. 54. Moratorium Now! also created a Facebook event page for this flyering and petitioning event. 55. On Friday, February 14, 2014, Ms. LaBash, Mr. Michalak, and two other Moratorium Now! supporters went to Campus Martius Park on behalf of Moratorium Now! to participate in the flyering and petitioning event. 56. Upon arrival, Ms. LaBash and Mr. Michalak noticed several police cars parked at Campus Martius Park. 57. LaBash, Michalak and the other Moratorium Now! supporters began to petition and distribute political handbills on the sidewalk in the southern end of the park, on the sidewalk next to the historic Soldiers’ and Sailors’ Monument.
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58. Soon after these activists began petitioning and leafleting, a Guardsmark security guard who identified himself only as “Gene,” asked them to leave the park.
59. Gene, referenced as “Defendant Gene Doe” in this complaint, informed Michalak and the Moratorium Now! supporters that he worked for Detroit 300 Conservancy.
60. Gene Doe then told Michalak and the Moratorium Now! supporters that they were prohibited from any political flyering or petition gathering because Campus Martius was private property.
61. Gene Doe also stated that pursuant to the park rules, the group risked arrest if they continued to pass out flyers and gather signatures.
62. The park rules completely prohibited soliciting and the distribution of handbills.
63. The distribution of political handbills and circulation of political petitions are activities protected by the First Amendment of the United States Constitution.
64. The park rules also stated that “Patrons of Campus Martius Park are subject to the rules of the City of Detroit Department of Parks and Recreation.”
65. One of the Moratorium Now! supporters explained to Gene Doe that she believed she could pass out leaflets in Campus Martius because it was a public
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park. 66. Gene Doe informed the group that leafleting was a form of solicitation
prohibited by the park rules. 67. Gene Doe also stated that the park rules could be imposed because
Campus Martius Park was “open to the public but privately owned.” 68. Gene Doe then explained that Defendant Heather Badrak, the business
and operations manager of Detroit 300 Conservancy, was responsible for determining what activities were permissible at the park.
69. At the urging of the Moratorium Now supporters, Gene Doe contacted Ms. Badrak.
70. Ms. Badrak reiterated that LaBash, Michalak and the Moratorium Now! supporters were not allowed to distribute literature or gather signatures in Campus Martius Park.
71. Gene Doe further informed Mr. Michalak that Detroit police officers were parked nearby because “a little bird” had informed Defendant Guardsmark that there would be political activists in the park.
72. Gene Doe stated that the officers were stationed there to ensure that Plaintiffs and others did not engage in advocacy prohibited by Detroit 300 Conservancy.
73. Upon information and belief, Gene Doe knew that political activists
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were going to be at the park because of a formal or informal arrangement between Defendant Detroit 300 Conservancy, Defendant Guardsmark and a surveillance center operated by Rock Ventures LLC or one of its subsidiaries to monitor activities at Campus Martius and other places downtown.
74. On information and belief, Rock Ventures LLC or one of its subsidiaries operates a surveillance center in downtown Detroit where individuals monitor the social media of local activist organizations and monitor the video from the dozens of private security cameras around downtown Detroit.
75. On information and belief, the surveillance center alerted Defendants Detroit 300 Conservancy and Guardsmark that supporters of Moratorium Now! would be attempting to distribute political literature about the Detroit bankruptcy in Campus Martius Park on February 14, 2014.
76. On information and belief, Defendants planned and worked in concert to have a Guardsmark security guard and officers from the Detroit Police Department patrol Campus Martius Park at the time of the political event in order to help prevent Moratorium Now! and their supporters from engaging in political activity at Campus Martius.
77. Gene Doe informed Michalak and the Moratorium Now! supporters that they could discuss their concerns with nearby Detroit Police Department officers.
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78. Michalak and the Moratorium Now! supporters then moved across the street to speak with a City of Detroit police officer in his vehicle.
79. The City of Detroit police officer stated that the security guard was correct and that they could not distribute flyers or gather petition signatures in the park.
80. The same police officer further stated that he was stationed there in order to ensure that Moratorium Now! did not engage in these types of political activities.
81. This police officer then called his supervisor, Defendant Thomas Taylor, a sergeant in the Detroit Police Department, who subsequently came to Campus Martius Park.
82. Sergeant Taylor told LaBash, Michalak and the Moratorium Now! supporters that the police were near Campus Martius Park because they had received “intel” about the nature of Moratorium Now’s flyers.
83. Sergeant Taylor further stated that although the park is public, it is privately managed and therefore members of the group could not be in the park if prohibited by Detroit 300 Conservancy.
84. Sergeant Taylor recommended that the activists pursue their activities on the traffic median across the street from Campus Martius.
85. In making these statements, Sergeant Taylor made a deliberate choice
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to affirmatively enforce the unconstitutional policy imposed by Detroit 300 Conservancy.
86. LaBash, Michalak and the other Moratorium Now! supporters feared arrest and therefore complied with Defendants’ orders to stop petitioning and distributing flyers and left Campus Martius.
87. Defendants Detroit 300 Conservancy and Gregory maintain a policy, practice or custom of banning individuals from distributing political flyers in the park.
88. Until its contract with Detroit 300 Conservancy was terminated on May 1, 2014, Defendant Guardsmark maintained a policy, practice or custom that banned individuals from distributing political flyers in the park.
89. Defendants Detroit 300 Conservancy and Gregory maintain a policy, practice or custom of banning petitioners from asking individuals to sign petitions in the park.
90. Until its contract with Detroit 300 Conservancy was terminated on May 1, 2014, Defendant Guardsmark maintained a policy, practice or custom that banned petitioners from asking individuals to sign petitions in the park.
91. Because of the park rules that were in effect, Ms. LaBash and Mr. Michalak did not make further attempts to distribute flyers or gather petition signatures in Campus Martius Park.
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92. Ms. LaBash and Mr. Michalak did not distribute flyers or gather petition signatures in Campus Martius Park because they feared arrest if they engaged in this expressive activity.
93. As a direct and proximate result of Defendants’ actions, Ms. Labash and Mr. Michalak suffered the following injuries, among others:
a. Shock, outrage and emotional distress for being told they could not exercise their right to free speech in a public park;
b. Fear and emotional distress of being arrested on February 14 and fear of returning to the park to exercise their rights;
c. Emotional distress stemming from inability to spread their political message to people at Campus Martius and inability to collect signatures at Campus Martius;
d. Outrage and frustration stemming from the fact that private entities are preventing them from engaging in political speech at a public park. 94. As someone who played a role in the construction of Campus Martius, Ms. LaBash was particularly shocked, distressed, and outraged that Defendants would not allow her to exercise her First Amendment rights at Campus Martius. 95. As an organization, Moratorium Now! also did not distribute flyers or circulate petitions in Campus Martius Park because of fear that its members would
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be arrested. 96. Because of Defendants’ actions, Moratorium Now has been deterred
from circulating petitions or distributing flyers at Campus Martius and encouraging the multitude of citizens who convene at Detroit’s Gathering Place to support its positions on various issues.
97. Defendants’ actions also prevented Moratorium Now! from disseminating its views about the City of Detroit’s bankruptcy to park patrons in Campus Martius for the remainder of the bankruptcy proceedings.
98. This created a hardship for Moratorium Now as there was not a similar spot in Downtown Detroit where it could so effectively interact with others and share its political message. Defendants Prohibited Plaintiffs Mandell and Andersen from Walking Through Campus Martius Park in Political Protest and Distributing Political Handbills
99. Every month, individuals associated with Women in Black-Detroit hold an hour-long silent vigil and march in a public area to protest domestic and world-wide violence sanctioned by policies of the United States.
100. Plaintiffs Joan Mandell and Wallis Andersen are part of Women in Black-Detroit and regularly participate in these vigils throughout the metropolitan Detroit community.
101. On June 8, 2013, Ms. Mandell, Dr. Andersen and approximately 15-
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20 other individuals associated with Women in Black-Detroit, participated in a vigil in downtown Detroit.
102. During this vigil, the Women in Black supporters met in downtown Detroit at the Central United Methodist Church and silently walked in black clothing single-file southbound on the sidewalks of Woodward Avenue towards the Detroit River. Their plan was to walk on the sidewalks of Woodward Avenue through the center of Detroit and then turn around and walk back to their meeting place.
103. Because the participants typically do not speak throughout their demonstration, they distribute small flyers to passersby explaining the purpose of the vigil and march.
104. The first five sentences of the flyer state: “Please Join Women in Black, Detroit, in a silent protest against war and violence at home and abroad. We protest U.S.–sanctioned violence around the world and mourn all victims of war, violence, and occupation. Everyone welcome. Please wear black. Please walk single file and in silence.”
105. Given that Woodward Avenue runs directly into Campus Martius, the vigil participants planned to walk silently on the sidewalk through Campus Martius and to pass out handbills explaining the purpose of their vigil to individuals in the park as they walked through.
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106. However, upon entering Campus Martius Park, the Women in Black participants were confronted by a uniformed security guard employed by Guardsmark, Defendant John Doe.
107. The security guard explained to the Women in Black vigil participants that they were not allowed to march through Campus Martius Park.
108. There were no other commercial or non-commercial organized events happening at Campus Martius at the time.
109. The Women in Black vigil participants, including Ms. Mandell and Dr. Andersen, were forced to leave Campus Martius and re-route their march outside the park.
110. None of the vigil participants, including Ms. Mandell and Dr. Andersen, were able to distribute flyers in Campus Martius or spread their political message inside the park.
111. Dr. Andersen felt intimidated by Defendant John Doe’s refusal to allow her and the other Women in Black participants to walk through Campus Martius.
112. The Women in Black vigil participants then continued to march southbound for another block on Woodward Avenue and then, as planned, turned around to walk back up Woodward Avenue northbound.
113. As the Women in Black vigil participants marched northbound on
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Woodward, Ms. Mandell hurried ahead of the group and asked security guard John Doe why the Women in Black vigil participants were forbidden from walking through Campus Martius Park.
114. Ms. Mandell told the security guard that she believed she could walk through the park because it was city-owned.
115. The security guard informed Ms. Mandell that he was hired by the management company for the park which made the rules.
116. Ms. Mandell eventually convinced the security guard to allow her and the Women in Black vigil participants to walk through the park on the way back, but he forbade them from passing out literature.
117. Ms. Mandell, Dr. Andersen and the other vigil participants then walked north through the park but did not distribute any literature.
118. The political activities that Ms. Mandell, Dr. Andersen, and the Women in Black vigil participants were forbidden from carrying out in Campus Martius Park on June 8, 2013, are protected by the First Amendment of the United States Constitution.
119. Since the incident on June 8, 2013, Ms. Mandell, Dr. Andersen and other Women in Black vigil participants have not attempted to walk in or through Campus Martius Park.
120. In June of 2014, Women in Black had another vigil in downtown
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Detroit along Woodward Avenue. Because they were forbidden from distributing literature in Campus Martius Park in June 2013, and because they feared that they would not be allowed to march through Campus Martius Park or pass out literature, the Women in Black vigil participants intentionally took a detour around Campus Martius Park and marched on the other side of the street.
121. Defendants Detroit 300 Conservancy and Gregory maintain a policy, practice or custom that prevents small groups of individuals from walking singlefile through the park.
122. Until its contract with Detroit 300 Conservancy was terminated on May 1, 2014, Defendant Guardsmark maintained a policy, practice or custom that prevented small groups of individuals from walking single-file through the park.
123. Defendants Detroit 300 Conservancy and Gregory maintain a policy, practice or custom of prohibiting individuals or small groups of people from distributing political flyers in the park.
124. Until its contract with Detroit 300 Conservancy was terminated on May 1, 2014, Defendant Guardsmark maintained a policy, practice or custom that prevented small groups of individuals from distributing political flyers in the park.
125. As a direct and proximate result of Defendants’ actions, Ms. Mandell and Dr. Andersen suffered the following injuries, among others:
a. Shock, outrage, and emotional distress for being denied the ability to
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exercise basic free speech rights and spread their political message at Campus Martius; b. Fear of arrest on June 8, 2013; c. Outrage, frustration and other emotional distress stemming from the fact that private entities are preventing them from engaging in political speech at a public park.
Following the Filing of this Lawsuit, the City of Detroit and Detroit 300 Conservancy Adopted Interim Free Speech Rules
126. Plaintiffs filed their original complaint in this case on January 28, 2015, for the violation of their First Amendment rights. On the same day, they filed a motion for a preliminary injunction seeking a preliminary order permitting them to petition, leaflet and demonstrate in Campus Martius without a permit.
127. In response to the Complaint, the City of Detroit and Detroit 300 Conservancy, through counsel, met with Plaintiffs’ counsel to discuss the promulgation of new interim rules for Campus Martius to address the claims raised by Plaintiffs in their preliminary injunction motion.
128. On April 8, 2015, the City of Detroit’s corporation counsel issued an opinion to Alicia Bradford, the Director of the Department of Recreation for the City of Detroit, entitled “Opinion of the Corporation Counsel Regarding First Amendment Rights and Regulations in City of Detroit Parks.” [hereinafter
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Corporation Counsel Opinion] [Ex. A.] 129. The Corporation Counsel Opinion states “the city recognizes that its
parks remain public fora where leafleting, petitioning, and marching are forms of speech protected by the First Amendment, even where, like Campus Martius Park, they are operated by private, non-governmental entities.” [Ex. A at 2.]
130. The Corporation Counsel Opinion instructs that up to 25 people are allowed to engage in the First Amendment activities of leafleting, petitioning, and demonstrating, without a permit, in Campus Martius Park. [Id. at 9.]
131. Because the opinion addressed the immediate concerns raised in their motion for a preliminary injunction, Plaintiffs withdrew their motion for preliminary injunction.
132. However, the interim free speech rules are not permanent, and do not address Plaintiffs’ claim for a permanent injunction and damages.
133. Defendants Detroit 300 Conservancy and Gregory have not posted the interim rules to the Campus Martius website as required by the Corporation Counsel Opinion.
134. The Corporation Counsel Opinion is not legally binding and may be rescinded by the Corporation Counsel or the City of Detroit at any time.
135. If the Corporation Counsel Opinion is ignored or rescinded, Plaintiffs will again be prevented from petitioning, leafleting and participating in vigils
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without a permit in Campus Martius Park.
CAUSE OF ACTION First Amendment Right to Free Speech
And 42 U.S.C. § 1983 136. The First Amendment of the United States Constitution prohibits abridgment of the freedom of speech. The First Amendment applies to the states pursuant to the Fourteenth Amendment. Government officials or private persons acting under color of state law who violate the freedoms guaranteed individuals by the United States Constitution are liable at law and in equity under 42 U.S.C. § 1983. 137. At all times relevant to this complaint, Defendants were acting under color of state law because:
a. They were performing the public function of managing a public park.
b. They were performing the public function of regulating the public’s access to, and use of, a traditional public forum.
c. They conspired, acted in concert with, and acted in joint participation with, each other and with City of Detroit officials to manage a public park and public sidewalk, and regulate the public’s access to, and use of, a traditional public forum.
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d. They had a symbiotic relationship or close nexus with the City of Detroit with respect to managing a public park and public sidewalk, and controlling the public’s access to, and use of, a traditional public forum. 138. The First Amendment protects the right of individuals to collect signatures on petitions in traditional public forums such as parks, and on traditional public forums such as sidewalks. 139. The First Amendment to the United States Constitution protects the right of individuals to distribute political flyers in traditional public forums such as parks, and on traditional public forums such as sidewalks. 140. The First Amendment to the United States Constitution protects the right of individuals to organize into small groups and walk through a public park. 141. Even if Defendants instituted a permit process for petitioning, leafleting and small, non-disruptive marches at Campus Martius, such a process would violate the First Amendment because it would constitute an unlawful prior restraint on speech. 142. Defendants Detroit 300 Conservancy, Gregory, Badrak, Guardsmark, Gene Doe, and Taylor violated the clearly established First Amendment rights of Moratorium Now!, Cheryl LaBash, and Thomas Michalak when they prohibited Moratorium Now! and its supporters from circulating political petitions and distributing political literature on the sidewalk surrounding Campus Martius on
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February 14, 2014. 143. Defendants Detroit 300 Conservancy, Gregory, Badrak, Guardsmark
and John Doe violated the clearly established First Amendment rights of Joan Mandell and Wallis Andersen on June 8, 2013, when they refused to allow the Women in Black vigil participants to march through Campus Martius and distribute political literature.
144. Defendants continue to violate the First Amendment rights of Plaintiffs by chilling constitutionally protected speech.
RELIEF REQUESTED For the reasons set forth above, Plaintiffs respectfully request that this court:
A. Enter judgment in favor of Plaintiffs and against Defendants; B. Declare that Defendants violated Plaintiffs’ First Amendment rights in
denying Plaintiffs access to Campus Martius to: 1. Circulate political petitions; 2. Distribute political literature; and 3. Walk through the park as part of a small, non-disruptive protest. C. Enter a permanent injunction that prevents Defendants from unconstitutionally barring Plaintiffs and other visitors to Campus Martius from: 1. Circulating political petitions;
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2. Distributing political literature; and
3. Walking through the park as part of a small, non-disruptive
protest;
D. Award Plaintiffs compensatory damages and punitive damages, or, in
the alternative, nominal damages, for violations of their First
Amendment rights;
E. Award Plaintiffs costs and attorneys’ fees pursuant to 42 U.S.C.
§ 1988; and
F. Grant or award such other relief as the Court may deem just, equitable
or appropriate under the circumstances.
Respectfully submitted,
/s/ Brooke A. Merriweather-Tucker Brooke A. Merriweather-Tucker (P79136) Michael J. Steinberg (P43085) Kary Moss (P49759) American Civil Liberties Union Fund
of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6823 btucker@aclumich.org msteinberg@aclumich.org
/s/ Christine A. Hopkins Christine A. Hopkins (P76264) Raymond J. Sterling (P34456) Cooperating Attorneys, ACLU Fund
of Michigan Sterling Attorneys at Law
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April 30, 2015

33 Bloomfield Hills Parkway, Suite 250 Bloomfield Hills, MI 48304 (248) 644-1500 chopkins@sterlingattorneys.com rsterling@sterlingattorneys.com
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I certify that on April 30, 2015 I filed the foregoing document through the electronic filing system, and that all counsel of record is registered with the electronic filing system and will be served through the electronic filing system.
/s/ Brooke Merriweather-Tucker

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 Case: 2:15-cv-10373 As of: 08/10/2016 12:26 PM EDT 1 of 6
CLOSED,STAYED
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:15−cv−10373−BAF−RSW

Moratorium Now! et al v. Detroit 300 Conservancy et al Assigned to: District Judge Bernard A. Friedman Referred to: Magistrate Judge R. Steven Whalen Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 01/28/2015 Date Terminated: 02/16/2016 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Moratorium Now!

represented by Brooke A. Merriweather−Tucker American Civil Liberties Union of Michigan 2966 Woodward Avenue Detroit, MI 48201 313−578−6823 Fax: 313−578−6811 Email: btucker@aclumich.org ATTORNEY TO BE NOTICED

Christine Hopkins − INACTIVE Kilgore & Kilgore, PLLC 3109 Carlisle Street Dallas, TX 75204 214−379−0834 Fax: 214−379−0838 ATTORNEY TO BE NOTICED

Gerald D. Wahl Sterling Attorneys at Law 33 Bloomfield Hills Pkwy. Suite 250 Bloomfield Hills, MI 48304 248−644−1500 Fax: 248−644−1509 Email: GWahl@sterlingattorneys.com ATTORNEY TO BE NOTICED

Michael J. Steinberg American Civil Liberties Union Fund of Michigan 2966 Woodward Avenue Detroit, MI 48201 313−578−6814 Email: msteinberg@aclumich.org ATTORNEY TO BE NOTICED

Plaintiff Cheryl LaBash

represented by Brooke A. Merriweather−Tucker (See above for address) ATTORNEY TO BE NOTICED

Christine Hopkins − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Gerald D. Wahl (See above for address) ATTORNEY TO BE NOTICED

Michael J. Steinberg

Case: 2:15-cv-10373 As of: 08/10/2016 12:26 PM EDT 2 of 6

(See above for address) ATTORNEY TO BE NOTICED

Plaintiff Thomas Michalak

represented by Brooke A. Merriweather−Tucker (See above for address) ATTORNEY TO BE NOTICED

Christine Hopkins − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Gerald D. Wahl (See above for address) ATTORNEY TO BE NOTICED

Michael J. Steinberg (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Wallis Andersen

represented by Brooke A. Merriweather−Tucker (See above for address) ATTORNEY TO BE NOTICED

Christine Hopkins − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Gerald D. Wahl (See above for address) ATTORNEY TO BE NOTICED

Michael J. Steinberg (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Joan Mandell

represented by Brooke A. Merriweather−Tucker (See above for address) ATTORNEY TO BE NOTICED

Christine Hopkins − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Gerald D. Wahl (See above for address) ATTORNEY TO BE NOTICED

Michael J. Steinberg (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Detroit 300 Conservancy

represented by Jill M. Wheaton Dykema Gossett 2723 S. State Street Suite 400 Ann Arbor, MI 48104−6188

Case: 2:15-cv-10373 As of: 08/10/2016 12:26 PM EDT 3 of 6

734−214−7660 Email: jwheaton@dykema.com ATTORNEY TO BE NOTICED

Defendant Robert F. Gregory

represented by Jill M. Wheaton (See above for address) ATTORNEY TO BE NOTICED

Defendant Heather Badrak

represented by Jill M. Wheaton (See above for address) ATTORNEY TO BE NOTICED

Defendant Guardsmark, LLC

represented by Erica L. Fitzgerald Barris, Sott, Denn & Driiker, PLLC 333 W. Fort Street 12th Floor Detroit, MI 48226 313−965−9725 Fax: 313−983−3313 Email: efitzgerald@bsdd.com ATTORNEY TO BE NOTICED

Stephen E. Glazek Barris, Sott, Denn & Driker, PLLC 333 West Fort Street 12th Floor Detroit, MI 48226 313−965−9725 Fax: 313−983−3323 Email: sglazek@bsdd.com ATTORNEY TO BE NOTICED

Defendant Gene Doe

Defendant John Doe

Defendant Sergeant Thomas Taylor

represented by Eric B. Gaabo Detroit City Law Department 660 Woodward Avenue Suite 1650 Detroit, MI 48226−3491 313−224−4550 Email: gaabe@detroitmi.gov ATTORNEY TO BE NOTICED

Date Filed 01/28/2015
01/28/2015

# Docket Text
Addition of Parties to CM/ECF: Plaintiffs Wallis Andersen, Cheryl LaBash, Thomas Michalak, Moratorium Now!. Reason: The party was not added to CM/ECF Plaintiff requests summons issued. (Steinberg, Michael) (Entered: 01/28/2015)
1 COMPLAINT filed by All Plaintiffs against All Plaintiffs. Plaintiff requests summons issued. Receipt No: 0645−5001508 − Fee: &#036 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − County of 1st Defendant: Wayne.

Case: 2:15-cv-10373 As of: 08/10/2016 12:26 PM EDT 4 of 6

01/28/2015
01/28/2015 01/28/2015
01/29/2015 01/29/2015
01/30/2015 02/09/2015 02/13/2015 02/17/2015
02/18/2015 02/18/2015 02/20/2015 02/23/2015 02/24/2015 03/03/2015 03/10/2015 03/13/2015 03/16/2015

[Previously dismissed case: No] [Possible companion case(s): None] (Steinberg, Michael) (Entered: 01/28/2015)
2 MOTION Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − CM Photo, # 3 Exhibit 2 − About Campus Martius, # 4 Exhibit 3 − D300 Agreement, # 5 Exhibit 4 − Park Rules, # 6 Exhibit 5 − LaBash Declaration, # 7 Exhibit 6 − Michalak Declaration, # 8 Exhibit 7 − WIB Flyer, # 9 Exhibit 8 − Petition, # 10 Exhibit 9 − Mandell Declaration, # 11 Exhibit 10 − About Det Gathering Place) (Steinberg, Michael) (Entered: 01/28/2015)
3 NOTICE of Appearance by Brooke A. Merriweather−Tucker on behalf of All Plaintiffs. (Merriweather−Tucker, Brooke) (Entered: 01/28/2015)
Addition of Parties to CM/ECF: Plaintiff Joan Mandell. Reason: The party was not added to CM/ECF when e−filing 2 MOTION Preliminary Injunction , Addition of Parties, 1 Complaint, 3 Notice of Appearance (Steinberg, Michael) (Entered: 01/28/2015)
4 SUMMONS Issued for *Heather Badrak, Detroit 300 Conservancy, Robert F. Gregory, Guardsmark, LLC, Sergeant Thomas Taylor* (TMcg) (Entered: 01/29/2015)
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (TMcg) (Entered: 01/29/2015)
5 NOTICE of Appearance by Christine Hopkins on behalf of All Plaintiffs. (Hopkins, Christine) (Entered: 01/30/2015)
6 SCHEDULING ORDER AND NOTICE OF HEARING re 2 MOTION Preliminary Injunction filed by Moratorium Now!, Wallis Andersen, Thomas Michalak, Cheryl LaBash. Signed by District Judge Bernard A. Friedman. (MVer) (Entered: 02/09/2015)
7 NOTICE of Appearance by Jill M. Wheaton on behalf of Heather Badrak, Detroit 300 Conservancy, Robert F. Gregory. (Wheaton, Jill) (Entered: 02/13/2015)
8 NOTICE OF HEARING on 2 MOTION Preliminary Injunction . Motion Hearing set for 3/27/2015 09:00 AM before District Judge Bernard A. Friedman HEARING TO BE HELD AT THE WAYNE STATE UNIVERSITY LAW BUILDING (MVer) (Entered: 02/17/2015)
9 CERTIFICATE of Service/Summons Returned Executed. Robert F. Gregory served on 2/10/2015, answer due 3/3/2015. (Steinberg, Michael) (Entered: 02/18/2015)
10 CERTIFICATE of Service/Summons Returned Executed. Guardsmark, LLC served on 2/9/2015, answer due 3/2/2015. (Steinberg, Michael) (Entered: 02/18/2015)
11 STIPULATION AND ORDER EXTENDING TIME TO FILE RESPONSES TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TO MARCH 2, 2015. Signed by District Judge Bernard A. Friedman. (MVer) (Entered: 02/20/2015)
12 CERTIFICATE of Service/Summons Returned Executed. Sergeant Thomas Taylor served on 2/6/2015, answer due 2/27/2015. (Steinberg, Michael) (Entered: 02/23/2015)
13 NOTICE of Appearance by Eric B. Gaabo on behalf of Sergeant Thomas Taylor. (Gaabo, Eric) (Entered: 02/24/2015)
14 ORDER modifying briefing schedule re 2 MOTION Preliminary Injunction filed by Moratorium Now!, Wallis Andersen, Thomas Michalak, Cheryl LaBash. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 03/03/2015)
15 NOTICE by All Plaintiffs That They Are Not Seeking Preliminary Injunctive Relief From Guardsmark Defendants (Steinberg, Michael) (Entered: 03/10/2015)
16 STIPULATION AND ORDER re 1 Complaint, Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 03/13/2015)
17 NOTICE by All Plaintiffs Notice of Withdrawal of Preliminary Injunction Motion (Merriweather−Tucker, Brooke) (Entered: 03/16/2015)

Case: 2:15-cv-10373 As of: 08/10/2016 12:26 PM EDT 5 of 6

03/17/2015 04/09/2015 04/09/2015
04/13/2015
04/15/2015 04/15/2015 04/27/2015 04/30/2015 05/04/2015 05/11/2015 05/11/2015 05/13/2015 05/28/2015 06/04/2015 06/05/2015
06/17/2015
07/22/2015 08/03/2015
09/03/2015 10/14/2015 10/14/2015
10/15/2015

TEXT−ONLY NOTICE: Hearing on March 27, 2015 is Cancelled re 8 Notice of Hearing on Motion, (CMul) (Entered: 03/17/2015)
18 ATTORNEY APPEARANCE: Stephen E. Glazek appearing on behalf of Guardsmark, LLC (Glazek, Stephen) (Entered: 04/09/2015)
19 MOTION to Dismiss by Guardsmark, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Fitzgerald, Erica) Modified on 4/27/2015 (CMul). (Entered: 04/09/2015)
20 STIPULATION AND ORDER of partial dismissal and termination of defendants Guardsmark, LLC, Gene Doe and John Doe Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 04/13/2015)
21 STIPULATION AND ORDER re 1 Complaint, Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 04/15/2015)
22 NOTICE TO APPEAR: Status Conference set for 4/28/2015 10:00 AM before District Judge Bernard A. Friedman (CMul) (Entered: 04/15/2015)
TEXT−ONLY NOTICE: Hearing on April 28, 2015 is Cancelled re 22 Notice to Appear (CMul) (Entered: 04/27/2015)
23 AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Merriweather−Tucker, Brooke) (Entered: 04/30/2015)
24 STIPULATION AND ORDER re 19 MOTION to Dismiss Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 05/04/2015)
25 STIPULATION AND ORDER holding case against certain defendants in abeyance Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 05/11/2015)
26 RESPONSE to 19 MOTION to Dismiss filed by All Plaintiffs. (Merriweather−Tucker, Brooke) (Entered: 05/11/2015)
27 NOTICE by Guardsmark, LLC OF RELIANCE ON MOTION TO DISMISS (Fitzgerald, Erica) (Entered: 05/13/2015)
28 REPLY to Response re 19 MOTION to Dismiss filed by Guardsmark, LLC. (Fitzgerald, Erica) (Entered: 05/28/2015)
29 Notice of Determination of Motion Without Oral Argument re 19 MOTION to Dismiss (CMul) (Entered: 06/04/2015)
30 NOTICE by All Plaintiffs re 26 Response to Motion Notice of Supplemental Authority (Attachments: # 1 Exhibit Slip Opinion) (Merriweather−Tucker, Brooke) (Entered: 06/05/2015)
31 SUPPLEMENTAL BRIEF re 30 Notice (Other) RESPONSE TO PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY filed by Guardsmark, LLC. (Fitzgerald, Erica) (Entered: 06/17/2015)
32 ORDER denying 19 Motion to Dismiss. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 07/22/2015)
33 STIPULATION AND ORDER to hold all defendants in abeyance re 25 Stipulation and Order Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 08/03/2015)
34 ORDER EXTENDING STAY Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 09/03/2015)
Minute Entry for proceedings before District Judge Bernard A. Friedman: Telephonic Status Conference held on 10/14/2015 (CMul) (Entered: 10/14/2015)
35 ORDER REFERRING OTHER MATTERS to Magistrate Judge Whalen : Settlement Conference to be scheduled after 11/24/2015 Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 10/14/2015)
36 NOTICE TO APPEAR: Settlement Conference set for 12/1/2015 at 01:30 PM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 10/15/2015)

Case: 2:15-cv-10373 As of: 08/10/2016 12:26 PM EDT 6 of 6

10/15/2015 11/25/2015 12/01/2015
02/16/2016

37 ORDER extending stay. Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 10/15/2015)
38 NOTICE of Appearance by Gerald D. Wahl on behalf of Wallis Andersen, Cheryl LaBash, Joan Mandell, Thomas Michalak, Moratorium Now!. (Wahl, Gerald) (Entered: 11/25/2015)
Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Settlement Conference held on 12/1/2015. Disposition: CASE SETTLED/CONTIGENT ON CITY OF DETROIT'S APPROVAL − CITY COUNCIL MEETING IS ON 01/05/2016. (Court Reporter Digitally Recorded) (CCie) (Entered: 12/01/2015)
39 STIPULATED ORDER DISMISSING CASE Signed by District Judge Bernard A. Friedman. (CMul) (Entered: 02/16/2016)

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MORATORIUM NOW!, a Non-Profit Organization; CHERYL LABASH; THOMAS MICHALAK; JOAN MANDELL; and WALLIS ANDERSEN,

Plaintiffs, v.

DETROIT 300 CONSERVANCY,

Case No. 15-10373

a Michigan Non-Profit Corporation,

ROBERT F. GREGORY, in his official

Hon. Bernard A. Friedman

capacity as President of Detroit 300 Conservancy;

HEATHER BADRAK, in her individual capacity;

GUARDSMARK, a Delaware limited liability

company; GENE DOE, a Guardsmark security guard,

in his individual capacity; JOHN DOE, a Guardsmark

security guard, in his individual capacity; and

SERGEANT THOMAS TAYLOR, a City of Detroit

police officer, in his individual capacity.

•
Defendants.
----------------------------~/

SETTLEMENT AGREEMENT AND·RELEASE
The Plaintiffs and Defendants set forth in the caption above agree as follows:
RECITALS
1. On January 28, 2015, Plaintiffs filed the above-captioned complaint alleging violations oftheir free speech rights at Campus Martius in Detroit. Plaintiffs sought injunctive and declaratory relief as well as damages and attorneys' fees.
2. Plaintiffs voluntarily dismissed with prejudice their demand for injunctive relief against Guardsmark and the Doe defendants. (Dkt. No. 20.) Plaintiffs' demand for injunctive relief against the remaining defendants was satisfied when the City of Detroit amended Chapters 40 and 50 of the 1984 Detroit City Code in December

2015, to, among other things, address the free speech rights of individuals and groups in Detroit public parks.

3. Defendants deny any and all liability to Plaintiffs. In an effort to avoid the fmancial burden and risk of further litigation, the parties enter into this agreement to resolve the remaining claims.

The parties agree as follows: Release and Discharge

AGREEMENT

4. Except for the specific obligations and undertaking ofDefendants under this Agreement, Plaintiffs hereby release and forever discharge Defendants and their members, affiliates, officers, directors, employees, agents, corporate guarantors, parents, subsidiaries of and from all liability, causes of action, suits, debts, sums of money, accounts, attorney fees, costs, covenants, controversies, agreements, promises, damages, judgments, claims and demands whatsoever, in law or in equity that were brought or could have been brought in this action or could be brought in the future, arising out ofor related to the allegations in the complaint.

5. This release does not apply to any claim that may arise in the future unrelated to the allegations in the complaint.

Payments

6. In consideration ofthe agreement and release set forth above, Defendants shall pay· Plaintiffs a total of $28,500.00 in damages and attorneys' fees. This amount is allocable between damages and attorneys' fees as desired by Plaintiffs and their counsel.

7. All checks shall be made payable to the American Civil Liberties Fund ofMichigan and sent to:

Attention: Michael J. Steinberg, Legal Director American Civil Liberties Union of Michigan 2966 WoodwardAvenue Detroit, MI 48226

8. Specifically, Defendant Detroit 300 Conservancy, on behalf of itself and Robert F. Gregory and Heather Badrak shall pay $9,500.00 by January 31, 2()16.

2

9. Defendants Guardsmark, Gene Doe and John Doe shall pay $9,500.00 by January 31,

2006.

j

10. Defendant Sergeant Thomas Taylor shall pay $9,500.00 by January 31, 2006.

'
!

Stipulated Order Dismissing the Case

11. As soon as Plaintiffs receive all three checks, they will submit a stipulated proposed

I

order to the Court dismissing the case with prejudice.

I

12. A copy of the proposed stipulated order is attached as Exhibit A.

I

I
I
Agreement Contingent on Approval of Detroit City Council

13. The parties understand that this agreement is contingent upon approval of the Detroit City Council. In the unlikely event that the City of Detroit does not approve the terms

I

ofthis settlement, this agreement has no effect.

I

I
!
l

GOVERNING LAW

I

14. This Settlement Agreement and Release shall be construed and interpreted in accordance with the laws ofthe State ofMichigan.

I

'

ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST

r

15. This Settlement Agreement and Release contains the entire agreement among the

l
I

parties regarding the claims that gave rise to this case. Modifications of this

Agreement may be made only in writing signed by authorized representatives of each

party hereto.

16. This agreement is binding on the parties to this case, their heirs and successors.

The attorneys below have the authority to sign this agreement on behalf oftheir clients:

Micha J. teinb r (P43085) Legal Director, ACLU Fund of Michigan Attorney for all Plaintiffs
Dated: t/;rr ( t£

3

~LIW tf.U.ud-
Ji~. Wheaton (P49921)

I

Dykema Gossett PLLC

Attorney for Defendants Detroit 300 Conservancy,

Robert F. Gregory and Heather Badrak

I

I
I .

Eric

ald

I

Barris Sott Denn & Attorney for Defendants Guardsmark, Gene Doe

I

and John Doe

I

I Dated: t '2-!p )J~p I

I
I
i

I

I

;
'

Melvin Butch Hollowell, Jr. (P37834) Corporation Counsel, City ofDetroit

I

Attorney for Defendant Sergeant Thomas Taylor

Dated: - - - - -

I
!

!

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I
I
I
I I
I
I
I

4

I
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-· l ! I

Jill M. Wheaton (P49921) Dykema Gossett PLLC Attorney for Defendants Detroit 300 Conservancy,
Robert F. Gregory and Heather Badrak
Dated: _ _ _ __
Erica L. Fitzgerald (P64080)
Barris Sott Denn & Driker PLLC Attorney for Defendants Guardsmark, Gene Doe
and John Doe
Dated:-----

Melvin But Hollow , Jr. (P37834)

Corporation Counsel, City ofDetroit

Attorney for Defendant Sergeant Thomas Taylor

"j, '- Dated: ) / Z-

/

I

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MORATORIUM NOW!, a Non-Profit Organization; CHERYL LABASH; THOMAS MICHALAK; JOAN MANDELL; and WALLIS ANDERSEN,

Plaintiffs,
v.

DETROIT 300 CONSERVANCY,

Case No. 15-10373

a Michigan Non-Profit Corporation,

ROBERT F. GREGORY, in his official

Hon. Bernard A. Friedman

capacity as President of Detroit 300 Conservancy;

HEATHER BADRAK, in her individual capacity;

GUARDSMARK, a Delaware limited liability

company; GENE DOE, a Guardsmark security guard,

in his individual capacity; JOHN DOE, a Guardsmark

security guard, in his individual capacity; and

SERGEANT THOMAS TAYLOR, a City of Detroit

police officer, in his individual capacity.

Defendants.
--------------------------~/
STIPULATED ORDER FOR DISMISSAL

This matter having been resolved through an out-of-court settlement, and the

parties having stipulated to the entry of this order, IT IS ORDERED that all claims against Defendants are DISMISSED with

prejudice. This order disposes of all pending claims and closes this case.

Exhibit A

5

DATED:_ _ _ __

HON. BERNARD A. FRIEDMAN
U.S. District Court Judge

The parties stipulate to entry of the above Order:

Is/ Michael J. Steinberg
Michael J. Steinberg (P43085) Brooke A. Tucker (P79776) American Civil Liberties Union
Fund ofMichigan Attorney for Plaintiffs 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6814 msteinberg@aclumich.org

Date: _ _ _ _ _ __

Ji. . Wheaton (P49921)

Date: i I;;:;- r·/;b '

Dykema Gossett PLLC

Attorney for Defendants Detroit 300 Conservancy,

Robert F. Gregory and Heather Badrak

2723 South State Street, Suite 400

Ann Arbor, MI 48104

(734) 214-7629

jwheaton@dykema.com

6

E. ~It. Fi g '-
Ban·is Sott De

Date: __\-+1{.-=2-'-G+~Jl::.•...:;:~-

Attorney for Defendants Guardsmark, Gene Doe

and John Doe

211 West Fort Street, Floor 15

Detroit, MI 48226

(313) 965-9725

efitzgerald@bsdd.com

Melvin Butch Hollowell, Jr. (P37834)

Date: - - - - - - -

Corporation Counsel, City of Detroit

Attorney for Defendant Sergeant Thomas Taylor

City of Detroit Law Department

2 Woodward Avenue, Suite 500

Detroit, MI 48226

(313) 237-3018

hollowellm@detroitmi.gov

7

Erica L. Fitzgerald (P64080)

Date: - - - - - - -

Barris Sott Denn & Driker PLLC

Attorney for Defendants Guardsmark, Gene Doe

and John Doe

2'11 West Fort Street, Floor 15

Detroit, MI 48226

(313) 965-9725

efitzgerald@bsdd.com

Date: -L-.1,,_/_2_~-~-b_:l_.:t:;..__
Melvin Butch olio 1, Jr. (P37834) Corporation Couns , City ofDetroit Attorney for Defendant Sergeant Thomas Taylor City ofDetroitLaw Department 2 Woodward Avenue, Suite 500 Detroit, MI 48226 (313) 237-3018 hollowellm@detroitmi.gov

7

 
 SUMMARY
AN ORDINANCE to amend Chapter 50 of the 1984 Detroit City Code, Streets, Sidewalks atlCi Other Public Places; by amending Article IX, Marches, Parades and Ptocessions, by ainencling Division 1. Gmeraljy, Sections 50-9-1 through 50-9-15; to set forth definitions, to establish exemptions and to set forth misdemeanor penalties for violations; by amending Division 2. Permit, by amencll11g Sections 509-16 through so~9-30; to require a pe:tmit for a march, parade or .procession, to establish standards and procedures for the review and in.put of the City of Detroit on the application, issuance, and/or revocation of suc._h. per1nits, to authorize City Council to select alter11ate pe:tmit dates, and to set forth the duties of the permittee.

A15-04284-C50

i

!0/09/20 15

BY COUNCIL MEMBER_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

2

AN ORDINANCE to runend Chapter 50 of the 1984 Detroit City Code, Streets, Sideu,alks mzd

3 Other Pttbizi: Pla/.'es,- by amending Article L'l{, Niarr:heJ~ Parades at/.d Pnmmions, by amending Division 1.

4 Getzffrai!J, Sections 50-9-1 th:tough 50-9-15; to set forth def:l!J.itions, to establish exemptions and to set

5 fo1ih misdemeanor penalties for violations; by amending Division 2. Permit, by amending Sections

6 50-9-16 through 50-9-30; to require a permit fo:t a march, parade or ptocession, to establish standards

7 a11d p:toced-ures fo:t the review and input of the City of Detroit on the application, issuance, and/ or

8 revocation of such permits, to authorize City Council to select altemate permit dates, and to set forth

9 the duties of the permittee.

10 IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF DETROIT THAT:

11

Section 1. Ch.o'lpter 50 of the 1984 Detroit City Code is amended by amending Division 1.

12 Get~erai!J, Sections 50-9-1 through 50-9-15, and by amending Division 2. Permit, by amending Sections

13 50-9~16 through 50-9-30, to read as follows:

14

CHAPTER 50. STREETS, SIDEvVALKS AND OTHER PUBLIC PLACES

15

ARTICLE IX. MARCHES, PARADES AND PROCESSIONS

16

DIVISION 1. GENERALLY

17 Sec. 50-9-1. Definitions.

18

The following 'Nerds and phrases, v;hen used in this article, shall have the meanings

19 respectively ascribed to them For the purposes of this article, the following words and phrases

20 shall have the meaning respectively ascribed to them by this section:

21

March means a demonstration upon anv street in the City where members of the public

22 exercise their rights under the First Amendment ofthe United States Constitution and under Article

23 L Section 3, of the 1963 Michigan Constitution.

A15-04284-C50

10/09/2015

1

Parade is means any parade, march, ceremony, OOfPvV;- exhibition, pageant, er--procession or

2 show of any kind, or any similar display, in or upon any street, park or other public place in tffi.s

3 the city.

4

Parade permit ts means a permit as required by this article to engage in a march as defined in

5 this section or a parade as defined in this section.

6 Sec. 50-9-2. Exemptions from article.

7

This article shall not apply to:

8

(1) Any march that is held on anv sidewalk, pru·k or public place in the City, and, except

9

for norrmJ pedestrian traffic, will not utilize any street in the Citv;

10

fl-Jill A Funeral processions procession;

11

(3) A governmental agency acting vvithin the scope of its ftmction:

12

~ill Students going to and from school classes or participating in educational activities,

13

providing provided, that such conduct is tmder the immediate direction and

14

supervision of the proper school authorities~_,_

15

(3) .I\ goverrunenh'll.-agency acting witr.rin the scope of its fimctions.

16 Sec. 50-9-3. Misdemeanor violation; continuing violation; penalties for conviction thereof.

17

(a) It shall be unlawful for any person to violate any provision of this ru·ticle.

18

(b} Any person who violates this article mav be issued a misdemeanor violation for each day

19 that the violation continues.

20

(c) Any person who is folmd guiltv of violating any provision of this ruticle shall be convicted

21 of a misdemeanOT for each misdemeanor violation that is issued m1d, in the discretion ofthe court.

22 may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor

23 violation that is issued.

24 Sees. ~ 50-9-4-50-9-15. Reserved.

A 15-04284-CSO

2

10/09/2015

1

DIVISION 2. PERMIT

2 Sec. 50-9-16. Permit rRequired.

3

No person shall engage in, participate in, aid, form or start any march or parade, tmless a

4 parade permit shall have been obtained from the chief of police '..:pon approval and approved by

5 the city council through adoption of a resolution.

6 Sec. 50-9-17. Application.

7

(a) Filing. A person seeking issuance of a parade permit shall file an application with the chief

8 of police on forms provided by such officer.

9

(b) Filing period. An application for a parade pennit shall be filed with the chief ofpolice not

10 less than seven (7) clays nor more than thi1iy (30) clays before the elate on which it is proposed to

11 conduct the march or parade.

12

(c) Contents. The application for a parade permit shall set forth the following information:

13

(1) The name, address and telephone number of the person seeking to conduct such march

14

QLparade;

15

(2) If the march or parade is proposed to be conducted for, on behalf of, or by an

16

organization, the name, address and telephone number of th,e headquarters of the

17

organization; and of the authorized and responsible head of such organization;

18

(3) The name, address and telephone number of the person who will be the march or

19

parade ~-an chairperson and who will be responsible for its conduct;

20

(4) The date when the march or parade is to be conducted;

21

(5) The route to be traveled, the starting point and the termination point;

22

(6) The approximate number of persons who, and animals and vehicles which, ·will

constitute such march or parade; tlw and type of animals, and description of the

24

vehicles;

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1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16 17 18 19 20 21 22 23

(7) The hours when such maxch or parade will strut and terminate;
(8) A statement as to whether the march or pru·ade will occupy all or only a portion ofthe width of the streets pxoposed to be traversed;
(9) The location by streets of any assembly areas for such march or pmade; (10) The time at which units of the march or parade will begin to assemble at any such
assembly area or areas; (11) The interval of space to be maintained between units of such march or parade; (12) If the mru·ch or parade is designed to be held by, and on behalf of or for, any person
other than the applicant, the applicant for such permit shall file with the chief ofpolice a comrmmication in ·writing from the person proposing to hold the march or parade, authorizing the applicant to apply for the permit on ffis behalf of such person proposing to hold the march or parade; (13) Any additional infonna~ion which the chief of police shall find reasonably necessru·y to a fair detem1ination as to ·whether a permit should issue. (d) Late applications. The chief of police shall have the authority, where good cause is shown therefor,~erity to consider any application~ which is filed less thru1 seven (7) days before the date such pru·acle is proposed to be conducted. (e) Fee. There shall be paid at the time of filing the application for a patade pmmit a fee ef-e-ne h-undred dollars ($100.0Qj. This fee may be waived in whole or i:nprui by the city council. In accordance with Section 9-507 ofthe Cha1ier, the Chief of Police is authorized to establish a necessary fee with the approval of the City Cotmcil, through adoption of a resolution, for the cost ofissuing the permit. After adoption ofa resolution by the City Council and approval ofthe resolution bv the Mayor, the fee shall be:

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(1) Published in a daily newspaper of general circulation and in the Journal of the Citv

2

Council;

3

(2) Made available at the Police Department and at the Office of the City Clerk: and

4

(3) Be reviewed by the Chief of Police at least once every two years.

5 Sec. 50-9-18. Standards for issuance.

6

The chief of police shall issue a pennit as provided for lmder this division when, from a

7 consideration of the application and from such other information as may otherwise be obtained,

8 the city council finds that:

9

(1) The conduct ofthe m::u·ch or parade will not substantially intenupt the safe and orderly

10

movement of other traffiG contiguous to its route;

11

(2) The conduct of the march or parade will not require the diversion of so great a mm1ber

12

of police officers of the city to properly police the line of movement and the areas

13

contiguous thereto as to prevent norn1al police protection to the city;

14

(3) The conduct of such march or parade will not require the diversion of so great a

15

number of ambulances as to prevent normal ambulance service to portions ofthe tewa-

16

. citv other than that to be occupied by the proposed line of march or parade and areas

17

contiguous thereto;

18

(4) The concentration of persons, animals and vehicles at assembly points of the march or

19

parade will not unduly interfere with proper fire and police protection of, or ambulance

20

service to, areas contiguous to such assembly areas;

21

(5) The conduct of such march or parade will not intetfere with the movement of :fire-

22

fighting equipment en route to a fire;

(6) The conduct of the march or parade is not reasonably likely to cause injury to persons

24

or property, to provoke disorderly conduct or create a disturbance;

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1

(7) The march or parade is scheduled to move from its point of origin to its point of

2

termination expeditiously and without umeasonable delays en route;

3

(8) ·The march or parade is not to be held for the sole purpose of advertising any product,

4

cause, goods or event and is not designed to be held purely for private profit

5 Sec. 50-9-19. Notice of rejection.

6

±f Where the city council disapproves the application for a parade permit, i-t the Citv Clerk

7 shall mail to the applicant a notice of Council's action within three (3) days after the elate upon

8 which the application was filed a notice of its action.

9 Sec. 50-9-20. Alternative.

10

The city council, in When denying an application for a parade permit, the City Council shall

11 be empowered to authorize the conduct of the march or parade op a elate, at a time, or over a route

12 different from that named by the applicant. An applicant desiting to accept an alternate penn.it

13 shall, :file a written notice of acceptance with the Chief of Police within tbree (3) days after notice

14 of the action of the city council, file a \Vritten notice of-acceptance vlith the chief of police. An

15 alternate parade pennit shall conform to the requirements of, and shall have the effect of a parade

16 permit tmder this division.

17 Sec. 50-9-21. Contents.

18

Each parade permit shall state the following information:

19

(1) Starting time;

20

(2) Minimum speed;

21

(3) Maximum speed;

22

(4) Maximum interval of space to be maintained between the units ofthe march or parade;

23

(5) The portions ofthe streets to be traversed that may be occupied by the maTch or parade;

24

(6) The ma,'{imum length of the march or parade in miles of:fi:actions thereof;

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(7) Such other information as the chief of police shall find necessary to the enforcement

2

of this article.

3 Sec. 50-9-22. Duties of permittee.

4

A permittee under this division shall comply with all permit directions and conditions and

5 \vith this Code, and with all applicable lmvs and ordinances state and federal law. The march or 6 parade chairman chairperson or other person heading or leading such activity shall carry the parade 7 permit upon hi-s their person during the conduct of the march or parade.

8 Sec. 50-9-23. Revocation.

9

The chiefofpolice shall have the authority to revoke a parade permit issued under this division

10 upon application of the standards for issuance as set forth in section 50-9-18.

11 Sees. 50-9-24- 50-9-30. Reserved.

12

Section 2. This ordinance is hereby declared necessary to prese1ve the public peace, health, safety,

13 and welfare of the People of the City of Detroit.

14

Section 3. All ordinances, ox· parts of ordinances, that conflict with this ordinance are repealed.

15

Section 4. In the event this ordinance is passed by two-thirds (2/3) majority of City Com1cil

16 Members setving, it shall be given immediate effect and become effective· upon publication in

17 accordance with Section 4-118 of the 2012 Detroit City Charter. Where this ordi..ilance is passed by

18 less than a two-thirds (2/3) majority of City CoWlcil Members sctving, it shall become effective on 19 the thirtieth (30) day after enactment, ot on the fust business day thereafter, in accotdance with Section

20 4-118 of the 2012 Detroit City Charter.

Approved as to form:

Corporation Counsel

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SUMARY
AN ORDINANCE to amend Chapter 40 of the 1984 Detroit City Code, Parks and fu.creation,· by amending Article I, titled In Gemml, by adding Division 1, GetJerai/y, by amending Sections 40-1-1 through 40-'1-10 to add definitions of alcoholic beverage, alcoholic liquor, demonstration, leafleting, petitioning, public event, and solicitation, to set forth civil penalties, to declare boulevards within the City ofDetroit, to set forth the jurisdiction over parks, public places, boulevards, and jurisdiction over roadways, to require the public lighting department to furnish lights and set forth the duties of the recreation department; by adding Division 2. Non-Trqffi•· Regttlati01J.S, by amending Sections 40-1-'11 through 40-1-40, to add time of closure of private parks, to prohibit hunting and ovemight camping; by adding Division 3. Trciffit RegJdatt'0!7S, by amending Sections 40-1--41 thtough 40-'1-60, to amend the section numbering; by adding Division 4. RegtriatiotJs on Lecifleting, Petitioning, Soiidtation, DmJO!istration atJd Ptlblk EvetJts in City Pades, by adding Sections 40-1-61 through 40-1-80, to require a permit, to authorize permit fees, to establish an application process, to set forth the basis for rejection and/or revocation of a permit, and to provide for instant pet.tnission to engage in expressive activity; by amending Article IV, Hart Pia:'(!~, by amending Section 40-4-1 to clarify the description and bmmdaries of Hart Plaza, by amending Section 40-4-7 to allow for bicycles and strollers; by adding Article V, Camptts J..1ar!itts Park, by adding Sections 40-5-1 through 40-5-20, to set forth the description and bm.111daries of Campus Martius Park, to ptovide for the schedulli1g of events, to prohibit co1n1nercial hawking and sales, to prohibit the possession, sale or consumption of alcoholic beverages with exceptions, to prohibit climbin.g in fountains, to prohibit gan1es and wheeled vehicles, to prohibit roller skates, roller blades, scooters and skateboards with exceptions, to prohibit open fites, to set forth prohibited certain activities regarding leafleting, petitioning, solicitation and demonstration
activities within the lJatk, to require a permit, and to set forth civil penalties-for violations.

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1 BY COUNCIL MEMBER_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

2

.i\N ORDINANCE to amend Chapter 40 of the 1984 Detroit City Code, Parks and RemJation; by

3 amending Article I, titled In Gemral, by adding Division 1, General/y, by amending Sections 40-1-1

4 through 40-l-10 to add definitions of alcoholic beverage, alcoholic liquor, demonstration, leafLeting,

5 petitioning, public event, and solicitatio11., to set forth civil penalties, to declare boulevards witlU:n the

6 City of Detroit, to set forth the jurisdiction over parks, public phces, boulevards, and jurisdiction over

7 roadways, to require the public lighting department to furnish lights and set forth the duties of the

8 recreation department; by adding Division 2, Noit-Tra.lfit· Regtilations, by amending Sections 40-1-11

9 through 40-1-40, to add time of closure of private parks, to p.rohibit hunting and overnight camping;

10 by adding Division 3, Traffic Regttlations, by amending Sections 40-1-41 through 40-1-60, to amend the

11 section numbering; by adding Division 4, Regulations on Lecif!etirtg, Petitioning, Solicitation, Demonstration

12 and Pttb/.i,· Events in O!J Pad.:.s, by adding Sections 40-1-61 through 40-1-80, to require a permit, to

13 authorize permit fees, to establish an application process, to set forth the basis for rejection and/ or
,
14 revocation of a permit, and to provide for instant pellllission to engage in expressive activity; by

15 amending _Article IV, Hart Plctza, by runending Section 40-4-1 to clarify the description and boundaries

16 of Hart Plaza; by amending Section 40-4-7 to allow for bicycles and strollers; by adcih1.g Article V,

17 CanpttJ·l\lfartittJ Park, by addh1g Sections 40-5-1 through 40-5-20, to set forth the description and

18 boundru-ies of Campus Martius Parle, to provide for the scheduling of events, to prohlbit commercial

19 hawking a11d sales, to prohibit the possession, sale or consumption of alcoholic beverages ·with

20 exceptions, to prohibit climbing in fountains, to prohibit games and wheeled vehlcles, to prohibit

21 toller skates, roller blades, ~cooters and skateboards with exceptions, to prohibit open :fires, to set

22 forth prohibited certain activities regarding leafleting, petitioning, solicitation and demonstration

23 activities within the Park, to requite a permit, and to set forth civil penalties for violations.

24 IT IS HEREBY ORDAlNED BY THE PEOPLE OF THE CITY OF DETROIT THAT:

2

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1

Section 1. Chapter 40 of the 1984 Detroit City Code, Article I, titled In General, is amended by

2 adding Division 1, General!J, by amending Sections 40-1-1 through 40-1-W; by adding Division2, Non-

3 Traffic Regttlations, by amending Sections 40-1-11 t.htough 40-1-40; by adding Division 3, Traffic

4 RegttlatiotJs, by an1ending Sections 40-1-41 through 40-1-60; by adding Division 4. Regulations on

5 LecifMitzg, Petitiotting, Solicitatiot/1 DetJJonstration and Pttblir-· Events in City Parks, by adding Sections 40-1-61

6 through 40-1-80; by amending Article IV, Hart Plaza, by amending Section ·40-4-1; by adding Article

7 V, Camptts 1\lfattitiJ' Park, by adding Sections 40-5-'1 through 40-5-20, to read as follows:

8

CHAPTER 40. PARKS AND RECREATION

9

ARTICLE I. IN GENERAL

1 0

DIVISION 1. GENERALLY

11 Sec. 40-1-1. Definitions.

12

For the purposes of this ~ Chapter,. the following words and plu:ases shall have the

13 meanings respectively ascribed to them by this section:

14

Alcoholic beverage means any beverage which contains alcoholic liquor and. therefore, is

15 under the jurisdiction and control ofthe Michigan Liquor Control Commission.

16

Alcoholic liquor means any spirituous, vinous, malt, or fermented liquor, liquids and

17 compoimds, whether or not medicated, proprietary, patented. and bv whatever name called, which

18 contain one-half (Yz) of one percent (1 %) or more of alcohol by volmne, are fit for use as a

19 beverage, and are defined and classified by the Michigan Liquor Control Conunission according

20 to alcoholic content as being alcohol, beer, brandy, mixed spirit ch·ink, mixed wine drink,

21 sacramental wine, spirits, or wine.

22

Demonstration means any demonstration, picketing. speechmaking. marching, holding of

23 vigils, and aU other like forms of conduct which involve the communication or expression ofviews

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1 or grievMces. engaged in bv one or more persons in a matmer consistent with laws applicable to

2 such conduct in a public place.

3

Leafleting means the distribution of non-commercial printed material or items while walking

4 or standing and addressing the person to whom the material is offered in a manner consistent with

5 laws applicable to such conduct in a public place.

6

Parks, public places or boulevards meMs all parks, parkways, playfields, park lots, grass

7 plots, golf courses, playgrmmds, recreation centers, athletic fields, open places, squares, lands

8 tmder water and other open space or recreational areas which are now owned by the city or lUlder

9 city control or may hereafter be acquired by purchase, gift, devise, bequest, loan or lease.

10

Petitioning means the seeking and gathering of signatures on petitions in a matmer consistent

11 with laws applicable to such conduct in a public place.

12

Public Event meat1S sports events, pageants, celebrations. historical reenactments, regattas,

13 ente1iainments, exhibitions, fairs, festivals and similar events (including such events presented by

14 the City), which do not satisfy the definition of "Demonstration" outlined above, and which are

15 engaged in by one or more persons in a manner consistent with laws applicable to such conduct in

16 a public place. This tenn includes any event for which an entry fee is charged.

17

Roller skates or roller blades mean a pair of shoes mounted upon one ( 1) or more sets of

18 wheels that are most often propelled by the user in an upright, standing position.

19

Scooter means a footboard that is mounted upon two (2) or mOTe wheels, controlled by an

20 upright steering hat1dle, at1d often propelled by the user in an upright, standing position.

21

Skateboard means a footboard that is mounted upon wheels and usually propelled by the user

22 who sometimes stands, sits, kneels or lays upon the device while in motion.

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1

Solicitation means any act by which one person requests an immediate donation ofmonev or

2 other tiring of value from another or others in person, regardless of the solicitor's pm·pose or

3 intended use of the money or other thing of value, in a manner consistent with laws applicable to

4 such conduct in a public place. The solicitation may be oraL wTitten, or bv other means of

5 communication. Solicitation is not intended to mean sales or vending.

6 Sec. 40-1-2. Civil and criminal penalties.

7

(a)A person who violates sections 40-1-42, 40-1-43. 40-1-44, 40-1-45, 40-1-46, 40-1-47, 40-

8 1-48, 40-1-49, 40-1-30, 40-1-61, 40-1-67, 40-5-10, and 40-5-11 of this Code or any traffic

9 regulation issued pursuant to section 40-1-41 ofthis Code shall be responsible for a civil infraction

10 and shall be subject to a civil fine of not more than one hlmc1Ted dollars ($100.00) plus costs as

11 provided for in Chapter 55 ofthis Code.

12

(b) Except for sections 40-1-42, 40-1-43, 40-1-44. 40-1-45, 40-1-46, 40-1-47, 40-1-48, 40-

13 1-49, 40-1-30,40-1-61, 40-1-67, 40-5-10. and 40-5-11 or ~ny traffic regulation issued pursuant to

14 section 40-1-41, the violation of which is a civil infraction, any nerson who violates any other

15 section in this article is subject to issuance of a misdemeanor violation and, upon conviction, is

16 subject to the penalties set forth in section 1-l-9(a) of this Code.

17 Sec.~ 40-1-3.- Boulevards.

18

(a) The following roadways, fl'om lot line to lot line, are hereby declared to be boulevards for

19 the purpose ofthis ruiicle:

20

Arden Park-From Woodward to Oakland

21

Boston Boulevard-East and West from Oakland to Linwood

22

Chicago Boulevard-From Jefferson to Mack

23

Chicago Boulevard-From Woodwmd to Dexter

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1

Dexter Boulevard-From vVest Grand Boulevard to Joy·Roacl

2

Douglas MacArthur Bridge

3

G-rand Boulevard, East and West-From the mainland terminus of the Belle Isle Bridge to the

4

tenninus of the West Grand Boulevard and West Jefferson

5

Lafayette Boulevard-From West Grand Boulevard to Green

6

LaSalle Boulevard-From West Grand Boulevard to Boston Boulevard

7

Oakman Boulevm:d-From Kendall Avenue to Ewald Avenue and :5:om Chicago Boulevard

8

to the boundary line ofthe City of Dearborn

9

Oakman Court-From Oalanan Boulevard to Linwood

1 0

Pontohartrian Pontchartrain Boulevard-From McNichols Road to Palmer Park

11

Second Boulevard-From Clainholmt to the southerly line ofthe City ofHighlancl Park

12

vVashington Boulevard-From Convention Hall Building (Cobo Hall) to Park Avenue.

13

(b)No roadway or highway hereafter acquired by the city, othenvise than by condemnation,

14 shall be deemed to be boulevm·ds -vvithout legislative action by ordinance by the city c0lmcil, even

15 though such roadway or highway be designated a boulevard in the plat, deed or other instrument

16 by which the city may acquire the same.

17 Sec. 4fl-l--J 40-1-4.- Jurisdiction over parks, public places, boulevards, and jurisdiction over

18 roadways in parks and public places.

19

'D1e recreation department shall have jurisdiction over the following:

20

(l)fRoadways and cli:ives within the boundaries of all city parks, playfields, playgrounds and

21 public places.

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1

{2}All parks, playfiel-El~ public places, and boulevards, as defined in this

2 Chapter, now owned or hereafter acquired by the city, within or without its bmmdaries, shall be

3 deemed to be parks ',vithin the meaning of this miisle.

4 Sec. 40-1-5. -Lights to be furnished by public lighting department and/or the public lighting

5 authority.

6

The public lighting department and/or the public lighting authority shall furnish proper and

7 sufficient lights for the parks, public places and boulevards of the city.

8 Sec. 4-G-1-4 40-1-6. Duties of recreation department generally; establishment of rules and

9 regulations relative to parl{s; police powers of employees of departments; investigation of

10 claims by police department.

11

.@}It shall be the duty of the recreation department to improve and beautify in ap]Jropriate

12 manner the parks, p-arkways, boulevards aml public places, and boulevards placed in the

13 jurisdiction of the department by viiiue of this artiCle and Charter of the city. The recreation

14 depmiment shall establish reasonable rules and regulations for the protection ofrights and JJroperty

15 vested in the city and under control of the department, for the uses, care, maintenance and

16 management of all parks and their dockage, bridges on Belle Isle, public grmmds and boulevards

17 and concerning waters surrounding Belle Isle, subject to control of the United States Department

18 of Defense.

19

@It shall be the duty of the recreation department to enforce, through the employees of the

20 depatiment, the provisions of this article. The powers and duties of police officers are hereby

21 conferred upon such employees of the department as are selected by the recreation department,

22 upon taking appropriate oath as peace officers; provide provided, that it shall be the duty of the

23 chief of police to assign a sufficient number of police officers to properly police the parks, public

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1 recreation areas and boulevards of the city and to cooperate with the employees of the department

2 in the enforcement of this article. The police department shall investigate the complaints made by

3 the recreation department relative to violation of this article and shall take such action therein as

4 the facts may warrant.

5 Sees. 40-1-7-40-1-10. Reserved.

6

DIVISION 2. NON-TRAFFIC REGULATIONS

7 Sec.4H-S 40-1-11. Encroachments, obstructions, etc., prohibited; exceptions.

8

(a)No person shall erect, maintain or permit to be erected or maintained any building,

9 obstruction or encroachment of any kind upon any park, pa:rlffi·a.y, park lot, playground, playfield,

10 public place or boulevard. The weffi term "encroachment" as used in this section shall be deemed

11 to include any sign, cornice, bay-window, avming, marquee, porch drive, walk or other projection

12 of any character which rests upon or projects over any park the propmiy Bf of any park, public

13 place defined in tllis article, or boulevard. The provisions of this section shall not apply to

14 encroachments upon Washington Boulevard, East Grand Boulevard between Milwaukee Avenue

15 and Hamtramck Drive Sargeant Street, Oakman Boulevmd from the westerly line of the City of

16 Highland Park to Linwood Avenue and from Turner Avenue to West Chicago Avenue, which are

17 authorized by the official building code of the cityState Construction Code.

18

(b)Where, in tmusual circtm1stances, undue hardship would be suffered or no good purpose

19 would be served, the city council may modify ffi1)' of amend the requirements of subsection (a) of

20 this section on a declared boulevard} as designated in section 40-1-;5..:2_, npon the recommendation

21 of the recreation department; provided, that the recreation department shall obtain a report from

22 the community-and economic plmming and development department before filing their

23 recommendation with the city council.

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Sec. 4Q...!-..6 40-1-12. Permit required for digging, tunneling, etc.

2

No person shall open, take up or tunnel under or otherwise interfere vvith any part or pmtion

3 of any pmk, park lot, parhvay, public place or boulevard without a written permit from the

4 recreation department Before granting of such permit, the applicant shall be required to deposit

5 with the recreation department a stm1 of money, to be determined by the recreation depruiment,

6 which will fully cover the expense that may be incurred by the recreation depmiment in connection

7 therewith. In case the recreation depmtment is pllt to incms any actual expense in connection with

8 such work, it shall retain the amount therefor from such deposit m1d shall refund the balance, if

9 any, to the person who deposited the smne.

10 Sec. 40-±4 40-1-13. Storage of building materials, etc.; lights required on materials;

11 protection of trees and shrubs.

12

(a)No person shall place, deposit or allow to be placed, kept or deposited upon any park, park

13 lot, parkway, public place o1· boulevard any building material or other material without a \Vriiien 14 p-6fffiit having first .:eeea-obtained a written pe1mit from the recreation department, which~

15 shall state the space to be occupied and the linlit oftime it shall be in force.

16

(b)Any person acting under such permit and causing or permitting an obstruction to be placed

17 upon any park, 'public place or boulevard shall cause at least two (2) red lights to be placed in

18 conspicuous places upon the smne from stmset to stmrise of each day during which such

19 obstruction remains, and shall also construct and maintain proper safegum·cls m1d a safe and proper

20 plank sidewalk at least two (2) feet wide around each obstruction. Any trees, shrubs or plants in or

21 around any building operation shall be protected by a good substantial box, not less than four (4)

22 feet square m1d six (6) feet high.

23 Sec. 40 1 8. Moving of buildings.

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1

No person shall remove or eaBSe---:f:e--Be moved any house, hailding or other str:.~cture on or

2 across any parl~lic place or bmllevard, mwept bet-wean the hours of 1:00 a.m. and 6:00 a.m.,

3 and the occupancy ofs-:.wh park, }Jublic place or boulevard shall continue only betv;een such hems.

4 No s'..~ch ho'..~se, building or structure shall be moved \Vithout a VvTittefl-j3CFm-it from the recreation

5 department, who may in their discretion refuse to grant the same. A deposit of not less than fifty 6 dollars ($50.00) shall accompany the application for the permit and-t-h~1t of such deposit

7 may be fixed above s-:.wh sum in the discretion of the recreation department. The person to whom

8 the permit is issued shall, after moving has been completed, replace the-fooffivays, grass plots and

9 other property v;hlch may have been injm·ed to their former condition, '..mder the s-:.1pervision ofthe

10 recreation depmiment. If sach work is not done immediately, it shall-be:-aone by the department,

11 v•hich shall dedact the expense thereof from the amo-:.mt deposited with the application for the

12 pe--Hfl:i+:

13 Sec. 4Q..±.-..9. 40-1-14. Permittees to assume liability for damages.

14

No pennit shall be grantedlmder this article to any person for any purpose, tmless, in the

15 application therefor, the party applying for the same shall agree to indemnify and save the city

16 harmless from all liability beca-...~se of caused by the permit applicant resulting in injury to person

17 or prope1iy arising out of the activity or privilege for which the permit was granted. The risk

18 management division of the finance depmiment shall establish and publish a schedule of

19 indemnification limits and amotmts.

20 Sec. 40 110 40-1-15. Hom·s for private City parl{s and public places; time of closui'c;

21 prohibited activitv during closure.

22

NBferson shall loiter, picnic, party, congregate or remain ·upon or \Vithin any private pm·lE;

23 private playiielcl, or private playgro'..mclQ bet\veen the hours of 10:00 p:-FB:-:-flfld-6-:GG--fHn. In order

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1 for this section to be enforceable, saeh time shall be clomly and legibly posted upon pem1anent

2 -signs-prominently displayed on the site of such-pmk, playgro1:md or playfield.

3

(a)All city parks and public places, as defined in section 40~1 ~1 of this Code. shall be closed

4 to the public from 10:00 p.m. to 6:00 a.m., unless posted signs designate a different period of

5 clo.sure. No person shall loiter, picnic, party, congregate, or remain upon or within any city park

6 or public place during the time of closure.

7

(b)Under circumstances considered bv the police department to be hazardous to the public

8 health, safety or welfare, the chief of police, or the chief's designee, is authorized to temporarily

9 close any park or public place at anv hour. No person shall loiter or remain within a park or public

10 place after an order to vacate has been given bv the police department. Each such closing shall be

11 documented in a report that is prepared by the chief of police, or the designee ofthe chiefof police.

12 and filed with the city clerk for transmittal to the city council.

13 Sec. 40~1-16. Private parks; time of closure; prohibited activitv during closure.

14

No person shall loiter, picnic, partv, congregate, or remain upon or within any private park.

15 private playfield, or private playgrotmd between the hours of 10:00 p.m. and 6:00 a.m. unless

16 otherwise designated by the recreation deprn.iment. In order for this section to be enforceable, such

17 time shall be clearly and legibly posted upon permanent signs prominently displayed on the site of

18 such park, playgrotmd, or playfield. For purposes of this section, "private" means owned bv a

19 non~governmental entity.

20 Sec. 4{)-±-f± 40-1-17. Advertising, placing of signs, etc.

21

No person shall distribute any advertising matter, political or otfieF-wioo, from any vehicle, fl:Of

22 or post or place any notices, signs or other encumbrances of any description upon any erection,

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1 structure or tTee, shrub or vine which may be growing or erected in, upon or smTolmding any park

2 or public property place or boulevardmder the control of the recreation department.

3 Sec. 4(}~ 40-1-18. Sale of any article, goods, merchandise, or food prohibited; exceptions;

4 distribution of commercial handbills prohibited within any park, public place or boulevard.

5

(a) The sale or offer of sale, or bmier of any article, goods, merchandise, or food of any kind

6 within any park, public place or boulevmd is prohibited, except:

7

(1) Sales of articles by recreation department employees as authorized by the director of the

8

recreation depmtment, or his or her designee;

9

(2) Concessions sold by persons pmsuant to a contract with the city;

10

(3) Sales by licensed stationary food preparation vendors pmsuant to section 40 1 24 40-1-29

11

of this Code; and

12

(4) Sales by approved vendors made in conjlmction with an authorized activity, event, or use

13

within the boundaries of a city park in accordance with recreation department rules

14

governing vendors in parks and public spaces. provided, that articles, goods,

15

merchandise, or food of any kind shall not be sold, or offered for sale, on any boulevard,

16

ch·ive, roadway, or street ·within or adjacent to any park, public place or boulevard.

17

(b)No hawking, peddling, soliciting or distlibution B:E: of handbills for commercial purposes

18 shall be allowed within any park, public place or boulevard.

19 Sec. >to 113 40-1-19. Depositing of rubbish, filth, etc., prohlbited.

20

No person shall place or deposit any dead carcass, ordme, filth, dirt, rubble, papers or other

21 matter or substance upon any pmk~ Bf public place or boulevard.

22 Sec. 40 1 14 40-1-20. Throwing stones, etc., into and wading in pools, etc., prohibited.

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No basin, pool, fountain, lake or canal shall be fouled by stone, wood or any other substance,

2 fl:Bf or bathed in f.!:& or waded into, except in wading pools designated for that pmpose by the

3 recreation department.

4 Sec. 40--:1:--±§. 40-1-21. Fishing and swimming.

5

No fishing or swimming shall be allowed from or upon any portion of the parks, boulevards,

6 and public places, except those places or sections specifically designated by the recreation

7 department. Fishif.l:g or sSwimming is prohibited in any of the canals of Belle Isle Park.

8 Sec. 40 1 1G 40-1-22. Molesting, etc., animals and fowl.

9_

No person shall molest or in any manner disturb or annoy any animal, fish or fowl which may

10 be placed in any fountain, pool, basin or enclosure or allowed to run at lm:ge.

11 Sec. 40 1 17 40-1-23. Abandonment of animals in parks prohibited.

12

No person shall abandon, leave or deseti, within the confines of any park, any carnivorous

13 animals, such as cats, dogs or any other species of mrimal which is or may be a menace to the wild

14 life which is or may hereafter be harbored witlrin the confines of any such park.

15 Sec. 40 118 40-1-24. Riding of horses; dogs to be on leashes.

16

.UUNo person shall ride upon m1y horse miless the animal is equipped with a saddle. Riding

17 horses shall not be driven on or ridden upon any roadway set aside for motor vehicle traffic, f.I:8T

18 or upon any footpath or trail set aside for pedestrians or bicyclists. Riding across lawns, fields or

19 gardens in any park or playgro-:_md, public area or boulevard is strictly forbidden; provided, that

20 this regulation shall not apply to any mounted police officer engaged in perfonning his such

21 officer's regular duty.

22

(b)Except locations designated by the recreation department as a dog park area, Nno dogs

23 shall be permitted within the confmes of any park,~ public place, or boulevard. unless

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1 such dogs shall be attached to a leash which does not ffi exceed six (6) feet in length; s1:wh leash to

2 be-ef and is sufficient strength to hold such animal in constant check. Tying animals by a leash

3 which exceeds six (6) feet in length to any tree, shrub, structure or other fixture or thing is stJictly

4 forbidden.

5 Sec. 40 1 19. Loitering, ete., in parks or playgrounds after closing.

6

No person shall loiter or remain :.~pe-n--aBy park, playfield, playgrocmd or other public place

7

after

the

hom

the

recreation

department

has

ordered

\
such

parl~eld,

playground

or

other

8 p'..:blic place to be closefr.

9 Sec. 40 1 20 40-1-25. Permit for ride concessions required; designation of docks for pleasure

10 boats.

11

No owner or operator of any boat, automobile, aeroplane or hydroplane shall solicit or be

-·· ·-. ··--·· ... ·-
12 permitted to operate for hire upon or from any portion of a park, public place or boulevard, without

13 first obtaining a permit fl·om the recreation department, which permit may be issued under such

14 reasonable conditions as may be established and may be revoked or suspended for violation of

15 such conditions or for other cause. The recreation department may designate wharves and docks

16 at which where pleasure boats may be moored.

17 Sec. 40 1 21 40-1-26. Playing of games prohibited except in designated areas and where

18 required with permit; gambling prohibited; roller skating, scooter use, and skateboarding

19 prohibited except on roadways and drives.

20

(a)No -pefSB:RS person shall play a11y games game m or upon parks, public places or

21 boulevards, provided, that baseball, football, tennis and other games of recreation may be played

22 upon such pmiion ofthe parks, public places or boulevards as may be designated by the recreation

23 department under such rules and regulations as may have been promulgated, or may be

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promulgated by the Department in accordance with section 2-111 of the 2012 Detroit City Charter

2 and, where required, upon first obtaining a pennit therefor.

3

(b)No person shall gamble upon ru1y park, public place, or boulevard of the city.

4

(c)No person shall operate or ride upon any roller skates, roller blades, scooter§, or

5 skateboard~ upon parks, public places, or boulevru·ds in such a manner as to harm, or be likely to

6 harm, any person or property.

7 Sec. 40 1 22 40-1-27. Golfing activities.

8

No person shall engage in any golfing activity, such as practice driving or putting upon any

9 pmk, p-1-ay-fi.e-ld, playgro-:.~nd or other public place. or boulevard. This restriction shall not apply to

10 any designated golf course, golf practice driving range, golf practice driving net, golf practice

11 putting green or putting coarse golf school.

12 Sec. 40 1 23 40-1-28. Combustion powered model planes, boats and cars.

13

No combustion powered model aircraft, model automobile or model boat shall be operated or

14 the engines thereof tested in any park, public place or boulevard, except at such locations as may

15 be designated by the recreation department.

16 Sec. 40 1 24 40-1-29. Designated areas for picnics; sale of food or beverages prohibited except

17 as permitted.

18

(a)No picnics may be held upon or in any eify pmk, ·bathing beach, or public place or

19 boulevatd, except in those meas designated by the city :for that purpose.

20

(b)No food or beverages of any kind shall be permitted to be sold or offered for sale in any

21 e#y park, bathing beach, or public place or boulevard on any roadway or drive within any park,

22 except as permitted tmder this section eHi1e Code.

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(c)All food or beverages offered for sale in any eity park, bathing beach, public place, or on

2 any roadway or drive within m1y city pmk, shall be permitted pursum1t to agreement with the city,

3 as approved by the Detroit City Council, except for food prepm·ation vendors, as defined in section

4 41-2-1 of this Code, permitted under this subsection (d) of this section.

5

(d)The director of the recreation department may approve and designate ce1iain locations in

6 city parks for the sale of food by food prepamtion vendors. All food prepmation vendors shall be

7 licensed by the state and the city and comply with all applicable laws, provisions of this Code,

8 regulations, and rules, including the Michigan Food Law of 2000, being MCL 289.1101 et seq.

9 and Chapter 21, Article X, and Chapter41, Article II, ofthis Code.

10

(e)In accordance v.rith section 2-111 of the 1997 Detroit City Chmier, the director of the

11 recreation department is authorized to promulgate rules for the use of any eity-pmk, bathing beaeh;-

12 or public place for picnics and for the sale food or beverages in any city park, public place, or on

13 any roadway or drive within any city park

14 Sec. 4~ 40-1-30. Permit required for marches, parades, etc.

15

(a)No pmade, procession, exercises, or other activities which can reasonably be expected to

16 result in the congregating together of a large number of peep±e more than forty-five individuals

17 shall be permitted within any parks, public places, and boulevards without a pennit having been

18 obtai11ed from the recreation department.

19

.(b)No permit shall be issued by the recreation depmtment for major events or special uses or

20 activities such as the Grand PriX within parks, public places, or boulevards which coulcl alter in

21 any significant way the appearance, noise level, or·accessibility, without prior approval of the

22 Detroit city counciL

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1

(c) No construction or alteration other than routine maintenance or replacement within parks,

2 public places or boulevards shall begin without prior approval of the Detroit city council.

3

(d) The requirements ofthis section are subject to to instant permission to engage in expressive

4 activity unde1ial(en in accordance with section 40-1-67.

5 Sec. 40 1 26 40-1-31. Use of firearms or fireworks; ldndling of fires.

6

Vlithin or upon any pm·ks, P'dblie places and boalevards, no No person shall fire or discharge

7 any revolver or other firemm, fl:6f or kindle 11er or build a fire, except in places designated by the

8 recreation department, fl:6f or throw stones or other missiles, flOf or fire, dischm·ge or set off any

9 rocket, cracker, torpedo, squib or other fireworks containing any substance of an explosive nature.

10 The last i1ihibition shall not prevent special fireworks exhibitions to be given under the auspices

11 or direction of the department, upon special permit issued by the department.

12 Sec. 40-1-32. Overnight camping prohibited.

13

No ovetnight cmnping is permitted in any park, public place or boulevmd, as defined in section

14 40-l-1 and section 40-1-3 of this Code.

15 Sec. 40-1-33. Hunting prohibited.

16

No hunting is pemlitted in m1y park, public place or boulevard, as defined in section 40-1-1

17 and section 40-1-3 ofthis Code.

18 Sees. 40-1-34-40-1-40. Reserved.

19

DIVISION 3. TRAFFIC REGULATIONS

20 Sec. 4~ 40-l-41. Regulation of traffic.

21

The department of transportation is authorized, with the approval ofthe recreation department,

22 shall have m1thority to regulate and control traffic vehicles upon or within~ parks, public places

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1 and boulevards. It may designate certain roadways to be used by vehicles going in a certain

2 direction and shall malce evident such designation -try through the erection of appropriate signs.

3 Sec. 40 1 28 40-1-42. Vehicles on footwalks, bridle paths, etc.

4

No wheelbarrow, handcart, automobile, motorcycle, bicycle, motor-driven cycle, go-crui or

5 lmlicensed vehicle shall be permitted on the footwalks, sidewalks, bridle paths, pedestrian trails,

6 grnss--plets or planted places of ru1y park, public place or boulevru·cl, except in m.cch sections areas

7 as may be designated by the recreation department or recreation depru"tment employees in the

8 execution of their duties.

9 Sec. 40 1 29 40-1-43. Driving or parking prohibited on grass or shrubbery; stopping,

10 standing or parldng generally.

11

@lNo person shall drive or park rn1y vehicle of any desc1iption upon any part of a park, public

12 place or boulevard laid out and appropriated for grass or shrubbery.

13

{QlNor shall any No person shall stop, stand or park a vehicle upon that portion ofthe highway

14 located between the propetiy lot lines and the neru·est curblines, llllless permitted by action of the

15 recreation department and the department oftranspoliation a:a4 through the erection of appropriate

16 signs are erected.

17 Sec. 40 1 30 40-1-44. Obstruction of traffic.

18

No vehicle shall be permitted to stru1d upon any boulevard or roadway of any park or public

19 place in such a manner as to obstruct or blockade traffic. Every vehicle shall come to a complete

20 stop before crossing any boulevard; provided, that this regulation shall not apply to any intersection

21 where traffic is being directed by a traf±lc officer or traffic signal.

22 . Sec. 40 1 31 40~1~45. Speed limits.

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No vehicle shall be operated or driven in any park or public place at a rate of speed in excess

2 of twenty-five (25) miles per hour. Where signs are erected for the control of traffic v;hich is at a

3 speed of less than twenty-five (25) miles per hour, it shall be unlawful to exceed the rate of speed

4 so designated upoB: .Qy the sign.

5 Sec. 4~ 40-1-46. Trailers prohibited.

6

No automobile or other vehicle hauling a second vehicle or trailer of any description shall be

7 permitted vv:ithin any paTks or public places. The term "Trailer," as used in tins section shall mean

8 m1y vehlcle whlch is either wholly or partially dependent upon another unit to provide motive

9 power.

10 Sec. 40 1 33 40-1-47. Testing of vehicles prohibited.

11

No motor €ffi' vehicle, truck or motorcycle shall be driven in any park for testing same.

12 "Testing" is hereby defined to be means the operating or driving ofa motor vehicle for ascertaining

13 its fitness for service and use other than in those areas designated and authorized bv the recreation

14 department.

15 Sec. 40 1 34 40-1-48. Trucks prohibited; exceptions.

16

No person shall operate BpOll or vrithin any park, plililio plaoe or boulevard any truck, as the

17 term is defined by the Michigan Vehicle Code, being MCL 257.1. et seq., or any other vehicle

18 used for hauling or disnibution ofmerchandise, freight or material upon or within any park, public

19 place or boulevard; provided, that such truck or vehicle may be operated upon or within such paFlES;-

20 public places or---8~ park, public place or boulevard, for the shortest possible distance,

21 when necessary to serve any property upon such park, public place or boulevard or contiguous

22 thereto, or when it is necessary to cross any boulevard. The provisions of this section shall not

23 apply to vehicles operated by the recreation department.

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See. 40 1 35. Lights to be furnislte6.-b~~nent.

2

The p11blic lighting department shall fumish proper and sufficient lights for the parks, public

3 places and boulevards ofthe--e#y.

4 Sec.~ 40-1-49.- Repairing, cleaning of automobiles.

5

No person shall clean, wash, polish, repair or in any manner service any motor vehicle or

6 trailer within the confmes of any pub±ie park, public place or boulevard, or cause the same to be

7 done. For the purpose of this section, the term "repair" shall be deemed to mean.§ the replacement

8 of old, worn out palis of the vehicle with new parts, and the teim "service" -shalt-be deemed to·

9 1J.1ean.§ the draining of oil, sludge, gasoline and water for the purpose of replacing same with a new

10 supply. This prohibition shall not apply to the changing of deflated tires or the performing of

11 necessruy emergency work on a disabled car for the purpose of immediate movement or to places

12 specifically set aside by the recreation depruiment for motor vehicle repair and service.

13 See.--4-tf--.1 37. Civil and criminal penalties.

14

(a)l\person\vho·violatessections'IO 128,40129,40130,40 131,r10 132,40133,40

15 ~nd 40 1 36 oftbis Code or ffi1)' traffic regulation issued pmsuant to section rJO 1 27 of this

16 Code shall be responsible for a civil infraction and shall be sabj oct to a civil fine of not more than

17 -e-He-fl.B:B:dre€1-00I±ars ($1 00.00} plus costs as provided for in section 55 2 31 of this Code.

18

(b)Exceptforsectim1s40 1 ?8,40 129,40 130,'10 131, 1101 32,'10 133,'10 1 34and40

19 1 36 o~c-re-gllia-tiO:B:-i&&Hed p:.u·sumrt to section 40 1 27, the violation of which is a civil

20 infraction, any person vffio violates m1y other section in this mticle is subject to issuance of a

21 misdemeanor violaHefl:--a±.1El,-whef.l-OOl.t'v'ie:El, is S1lbject4o-receiving a fi.Re.--ef-:tlp-to--fl:ve--h1:l:llElred

22 dollars ($500.00), to being sentenced of up to ninety (90) days in jail, or both in the discretion of

23 the COUli.

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1 Sees. 40-1-50-40-1-60. Reserved.

2

DIVISION 4. REGULATIONS ON LEAFLETING, PETITIONING, SOLICITATION,

3

DEMONSTRATIONS AND PUBLIC EVENTS IN CITY PARKS

4 Sec. 40-1-61. Permit regurred for Leafleting, Petitioning, Solicitation and Demonstration

5 activities; exceptions.

6

(a)Groups of more than forty-five (45) individuals who desire to engage in leafleting,

7 petitioning, solicitation or demonstration activities shall obtain a permit from the recreation

8 department.

9

(b)Leafleting, petitioning, solicitation and demonstration activities by a group of forty-five

10 (45) orfewer individuals will be allowed without a permit, unless:

11

(1) The activitv unduly interferes or conflicts with a previously-issued permit for the same

12

area;

13

(2) The location sought is not suitable because of landscaping, planting or other

14

enviromnental conditions reasonablv likely to be negatively impacted by the proposed

15

activity;

16

(3) The activity unduly impedes vehicular or pedestrian traffic, or endangers the person(s)

17

engaging in such activities or the public;

18

(4) The activiiy unduly impedes schedi.1led activities;

19

(5) The activity unduly impedes the operation and functioning of authorized commercial

20

activities on park grOLmds;

21

(6) The activity violates any federal, state or local law, ordinance or regulation; or

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1

(7) The activity requires SOlmd amplification (except that a hand-held. batte1y operated

2

megaphone is allowed without a permit, so long as its use will comply with relevant noise

3

ordinances).

4

(c) The permit requirements are subject to the provisions in section 40-1-67 and Article IV.

5 Sec. 41-1-62. Permit fees; waivers.

6

(a)In accordance with Section 9-507 ofthe 2012 Citv Chmier, the recreation depruiment shall

7 establish and publish a schedule of fees for permits under this Division, based on the cost of

8 processing an application during the permitted activitv. The fee for the permit shall be in addition

9 to any rental or usage fee that wouldnormallv apply for the use of the park or facility.

10

(b)The schedule of permit fees shall include provisions for full or pruiial fee waivers for any

11 person or group that attests that they cannot afford them or that payment ofthe fee will significantly

12 inhibit the ability to engage in the permitted activity.

13 Sec. 41-1-63. Permit required for Public Events; exceptions.

14

In the case of a public event, ifthe recreation depruiment director determines that the proposed

15 activity will require the commitment of municipal resources or personnel, security, cleanup

16 expenses or other significant costs beyond those which are normally available or normally

17 provided by the city, the director may also require the applicant to meet reasonable insurance,

18 bonding or indemnification requirements, subject to First Amendment limitations.

19 Sec. 40-1-64. Application for Permits.

20

(a) Applicants for a pennit must supply the following information in the application:

21

(1) The name, address and day and evening phone number of the person or organization or

22

other entity seeking the permit;

23

(2) The name, address and day and evening phone number of the person who will be

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1'1/'17/2015

responsible for conducting the public event, picnic or private gathering;

2

(3) The nature of the public event, picnic or private gathering. The director of the recreation

3

deparb.nent reserves the right to· request additional information if necessary;

4

(4) The elate or elates, and homs during which the public event, picnic or private gathering is

5

proposed to be held, :including set up and clisassemblv time:

6

(5) The number of persons who will be engaged in such activities;

7

(6) The location to be used;

8

(7) The equipment and structures to be used during the activity: and

9

(8) Information about any fees to be charged for the activity.

1 0

.(hl.Applicants for pennits for leafleting, petitioning, solicitation and demonstration activities

11 must apply for a permit at least two (2) business days prior to the event. However. in order to

12 respond to i1mninent events or concerns, the recreation clepruiment will waive the 2-day advance

13 notice requirement ifthe size and nature ofthe activity will not reasonably require the commitment

14 of municipal resources or personnel beyond those which are normally available or which can

15 reasonably be made available within the necessary time period.

16

(c) Applicants for permits for a public event must apply for a pern1it at least seven (7) business

17 days prior to the event.

18 Sec. 40-1-65. Decision on the Application for a Pcrmit(s); basis for rejection.

19

(a) The recreation department shall issue a decision on permit applications within two (2)

20 business days of receipt. The decision and the grounds for the decision shall be forwarded to the

21 applicant in writing.

22

(b)In the event a permit is denied, the recreation department shall notify the applicant in

23 writing immediately ofthe reasons for that determination.

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(c) An applic<mt whose permit application has been denied under this rule can seek review in

2 a court oflaw.

3

(cl)The permit holder, or the person in chmge of an expressive activity without a permit under

4 section 40-1-67. shall exercise reasonable care under the circumstances to prevent damage to citv

5 property by those participating in the activity.

6

(e) The recreation department shall not issue a permit if the department flncls that:

7

(1) The application is incomplete or contains a material falsehood;

8

(2) The individual applying for the permit has intentionally damaged park pt:opertv \¥i.thin

9

six months from the elate of the application. Such applicant, if issued a permit, \¥ill be

10

required to post a bond consistent with First Amendment protections;

11

(3) The activity will unduly interfere or conflict with a previously-issued permit for the same

12

area:

13

(4) The location sought is not suitable because of landscaping, planting or other

14

environmental conditions reasonably likely to be negatively impacted bv the proposed

15

activity;

16

(5) The activity \¥ill unduly impede vehicular or pedestrian traffic, or will endm1ger the

17

applicant or the public;

18

(6) The activity will unduly impede scheduled activities;

19

(7) The activity will unduly impede the operation and functioning of adjacent commercial

20

activii.ies;

21

(8) The activity is of such a nattlre or duration that it cannot reasonably be accommodated in

22

the particular area requested in the permit application;

23

(9) The activity will violate any federal, state or local law, ordinance or regulation; or

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1

( 10) The activity is of such a natme or duration that it cannot reasonably be accommodated in

2

the particular area requested in the permit application;

3

(f) For purposes of this Article, the te1m '\mduly impede" shall not be construed to include

4 minor inconveniences or disruptions, such as can reasonably be expected whenever a large group

5 of people are gathered together.

6 Sec. 40-1-66. Revocation of permit; basis for revocation.

7

(a) The city, through the recreation deprniment or the police deprniment, mav revoke a petmit

8 for EillV of the following reasons:

9

(1) Violation of the terms or conditions of the permit;

10

(2) The activities or conduct of the permit holder constitute a clear and present danger to the

11

public health, welfare and safety;

12

(3) The munber of persons engaged in the permitted activity exceeds the munber stated in

13

the permit, subject to section 40-1-67; and

14

(4) The activities of the pennit holder constitute a violation of any applicable law or

15

reg-ulation.

16

(b)In granting a permit for a demonstration, the city will exercise no discretion over the

17 issuance of a permit here1.mder, except as provided for in this Chapter. Nothing in this Chapter

18 shall be constn1ecl to interfere with the right of public assembly except as constitutionally

19 permitted.

20 Sec. 40-1-67. Instant Permission to Engage in Expressive Activity.

21

(a)If a person or group otherwise qualified for a permit for expressive activity (that is. the

22 proposed event or activity will not violate section 40-1-65(e), paragraphs 2 through 10 justifying

23 a denial of a pe1mit specified above), including leafleting, petitioning, solicitation or

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1 demonstration, appem·s at a location where this expressive activity is allowed, with the purpose of

2 engaging in this expressive activity, but does not have a permit to do so, and a member of the

3 police department responds to the location, such officer should contac! the director for the

4 recreation department. or his/her designee, by telephone or email or other similar mem1s to report

5 the situation and to determine whether there are anv events with permits scheduled fot that

6 location.

7

(b)If there are no conflicting permits, the police shall allow the expressive activity to proceed.

8 lmless precluded by one ofthe following:

9

(1) The issuance of instant permission to engage in expressive activity would result in any

1 0

actual diminution, caused by the lack of advance notice, in the ability of the police

11

department, or the ability of other governmental agencies, apjJropriatelv to organize and

12

allocate their personnel and resources so as to ft.ufill their gener~ missions and to protect

13

the rights of both persons exercising free speech and other persons wishing to use the

14

streets, sidewalks. and other public ways, and parks; or

15

(2) The proposed event will create a substm1tial possibility of violent disorderly conduct

16

likely to endanger public safety or to result in significant prope1iy damage; or

17

(3) The proposed event will create a substantial possibility ofunreasonable interference.with

18

pedestrian or vehicular traffic or for danger to the public notwithstanding the deployment

19

of available governmental persom1el.

20

(c)In assessing whether the applicant shall be allowed to proceed with the activity requested

21 without a permit, the fact that activity protected bv the First Amendment is involved shall create a

22 strong presumption that the activity should be allowed to proceed, asslmnng that no conflicting

23 pe11nit has been issued to others.

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1

(d)If, after having been notified that a person or group desires to engage in expressive

2 activities without a permit, the recreation department determines that the proposed event or activity

3 will violate section 40-1-65 (e). paragraphs 2 through 10 justifving a denial of a permit specified

4 above, the recreation depariment may request that the police department ask the person or group

5 to disperse or relocate theh activities.

6

(e) The police officer should ask the person or group leader for a contact name, address,

7 telephone number and emaiL and for the reason why the person or group did not or could not apply

8 for a permit under the normal permit application rules. The officer should convev that information

9 to the recreation department. The response to the officer's inquiries or the failme to provide a

10 response shall in no wav be considered in deciding whether to grant or denv permission to engage

11 in the expressive activity at issue.

12

(f) If the director of the recreation department or his/her designee cannot be reached. and it

13 cannot be determined whether there are any previously scheduled activities or events for the

14 location at the time of the proposed expressive activity, the police shall allow the non-pennitted

15 expressive activity to take place, subject to the provisions above. In the event that a person or

16 group with a permit to conduct an activity at the same time and place arrives at the location. persons

17 engaged in non-permitted activities shall vacate the area for use by the permit holder and may be

18 directed to disperse or relocate their activity. The fact that a person or group otherwise qualified

19 for a permit for expressive activitv. such as leafleting. petitioning, solicitation. and demonstration,

20 does not have one shall not, by itself, be a basis to order the group to disperse, even if director of

21 the t'ecreation deparhl1ent or his/her designee catmot be reached.

22

(g)IL at any time after the grant of permission to engage in expressive activity without a

23 pe1mit, there is a material change in ai1y ofthe criteria listed in subsection{b) ofthis section, which

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1 would have warranted denial of permission to engage in expressive activity without a permit, that

2 permission may be withdravvn.

3

Q1)If a private security guard employed to patrol the area where the expressive activity is

4 taking, or will take, place responds to the location before the police, the security guard shall

5 immediately contact the police which shall take action in accordance -vv:ith the provisions outlined

6 above. The private security guard shall allow the expressive activity to commence or continue until

7 the police arrive unless the proposed event will create a substantial possibility ofviolent, disorderly

8 conduct likelv to endanger public safety or to result in significant property damage orwill interfere

9 with a previously scheduled permitted activitv.

10 Sees. 40-1-68- 40-1-80. Reserved.

11

ARTICLE IV. HART PLAZA

12 Sec. 40-4-1. -~Description and boundaries of Hart Plaza.

13

For the p-:.uposes of this mticle, the follO'vving '>vords and phrases shall have the meanings

14 respectively ascribed to them by this section:

15

Alcoholic beverage means any beverage vrhich contains alcoholic liquor and, therefore, is

16 under thej'drisdiction and control ofthe j\£chigan Liq1::1&1'--Gofltr-e+-Commission.

17

AleohoUc lifjuor means any spirit-:..~o'..:s, vinous, malt, or fermented liquor, liquids and

18 compounds, \VheJther or not medicated, proprietary, patented, m1d by v;hatever name called, ·.vhich

19 contain one half(%) of one percent (1%) or more of alcohol by volm11e, are fit for use as a

20 beverage, and are defmed and clas-s-ified by the j\l[ichigan Licpwr ContTol Commission according .

21 to alcoholic content as being alcohol, beer;--Srandy, mixed spirit drink, mixed ';vine drink,

22 ~e,--spffits, or \vine.

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1

Hart Plaza means Hari Plaza is a multipurpose facility owned by the city whose marketing,

2 sales, and event services il.mctions are operated by the recreation department, whose administrative

3 services, and buildings ~md mechanical maintenance, f1mctions are operated by the general services

4 department, and which is located \\Tithin at1cl1mderneath the following described boundaries:

5

West: Eastern edge of the former Veterans' Memorial Building tmnarmmd driveway,

6

extended southward.

7

East: Western edge of Bates Street, extended soutl1wm·d.

8

South: Northern edge of the walkway immediately adjacent to the northem edge of the

9

Detroit River.

10

North: Southern cmb line ofEast Jefferson Avenue.

11

Roller skates or roller blades mean a pair of shoes mounted ·upon one (1) or more sets of

12 '.Vheels that are most often propelled by the llser in an uplight, still1ding position.

13

&outer means a feetbe-ard that is mmlnted llpon W.'o or more wheels, controlled by an upright

14 steering handle, and often propelled by the -...~ser in an llpright, standing position.

15

$/wtel=ro£fHl-tnem1s a fuotbom·d that is molmted llpon viheels and usually propelled by the user

16 who sometimes stands, sits, lmeels or lays llpOn the device 'vhile in motion.

17 Sec. 40-4-2. Scheduling of events.

18

The recreation department shall be responsible for the scheduling of events and regulating

19 use of Hart Plaza.

20 Sec. 40~4~3. Commercial hawldng, sales prohibited.

21

No hawking, soliciting or distribution of handbills for commercial pmposes shall be

22 allowed, nor any article exposed or offered for sale or barter or given away within Hart Plaza

23 except upon approval by the civic center depatiment.

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Sec. 40-4-4. Possession, sale or consumption of alcoholic beverages prohibited; exception.

2

The possession, sale, or consumption of any alcoholic beverage is not allowed in Hmi

3 Plaza, except for any alcoholic beverage that is purchased from a license_Q_concession or beverage

4 booth on the plaza.

5 Sec. 40-4-5. No climbing, etc., on Dodge Fountain.

6

No climbing, wading, swimming or fishing in or upon Dodge Fountain is pennitted.

7 Sec. 40-4-6. Games prohibited.

8

No person shall play any games or engage in any other ente1tairunent in or upon Hmt Plaza

9 that interferes with pedestrian use or safety.

10 Sec. 40-4-7. Wheeled vehicles prohibited.

11

No wheelbanow, handcart, automobile, motorcycle, bicyole, motordriven cycle, go-cart,

12 unicycle, moped, solex cycle or other wheeled vehicles are permitted in Hart Plaza except as

13 approved by the civic center department or recreation department for a scheduled event. This

14 section shall not apply to a handicapped or disabled person in a wheelchair, an infant stroller, nor

15 to emergency or service vehicles. Bicycles may be walked through or pm·kecl at bikes racks within

16 Hmt Plaza m1d 1idden only upon clearly designated bike ]Jaths designed by the recreation

17 depmtment.

18 Sec. 40-4-8. Roller skates, roller blades, scooters, and skateboards prohibited; exception.

19

No person shall operate or ride upon any skatebomd, roller skates, roller blades or scooters

20 upon Hmi Plaza except when permitted during a11 event scheduled by the Recreation Department.

21 Sec. 40-4-9. Animals prohibited.

22

No pets of any kind shall be permitted in Hmi Plaza except upon approval of the recreation

23 department. This section does not apply to a guide, hearing, or service dog accompanying a

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1 handicapped person if the guide is wearing a harness or if the hearing or service dog is wearing a

2· blaze orange leash and collar, and the l1andicapper being led or accompanied has in his or her

3 possession. a pictmed identification card certifying that the dog was trained by a qualified

4 organization or trainer included on the list of such organizations or trainers maintained by the State

5 of Michigan, Department ofLabor, pmsuant to MCL 750.502C.

6 Sec. 40-4-10. No open fires.

7

No open fires or cooking is allowed except in areas designated by the civic center department.

8 Sec. 40-4-11. Civil penalty.

9

Any person who violates this ruiicle is subject to issuance of a misdemeanor violation and,

10 when convict~d, is subject to receiving a fine of up to five hlmdred dollars ($500.00), to being

11 sentenced of up to ninety (90) clays in jail, or both in the discretion of the court.

12 Sees. 40-4-12- 40-4-20. Reserved.

13

ARTICLE V. CAI\1PUS MARTIUS PARK

14 Sec. 40-5-1. Description and boundaries of Campus Martins Park.

15

Can1pus Martins Pru·k is a multipmpose recreational facility owned by the citv and operated

16 directly by the recreation department or through contractors, which is located in the boulevard area

17 of northbmmd and southbound realigned Woodward Avenue south of the intersections with

18 Monroe Street and Michigan Avenue and nmih ofthe intersections with Cadillac Square and Fori

19 Street. exclusive of anv sidewalks, and for the )2U1JJoses of this Chapter, includes Cadillac Square

20 Park, being the boulevard ru·ea of Cadillac Square between realigned Woodward Avenue and Bates

21 Street. exclusive of any sidewalks.

22 Sec. 40-5-2. Scheduling of events.

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1

The recreation depmiment shall be responsible for the scheduling of events and regulating use

2 of Campus Mruiius Park.

3 Sec. 40-5-3. Commercial hawking, sales prohibited.

4

No hawking, soliciting or distribution of handbills for commercial pw.:poses shall be allowed.

5 nor any article exposed or offered for sale or bmier or given away within Can1pus Martius except

6 upon approval bv the recreation depruiment.

7 Sec. 40-5-4. Possession, sale, or consumption of alcoholic beverages prohibited; exception.

8

The possession. sale, or consumption of anv alcoholic beverage is not allowed in Campus

9 Martins Parle. except for any alcoholic beverage that is purchased from a licensed concession or

10 beverage booth within the pat'k. Any such alcoholic beverage mav not be removed from Campus

11 Martins Park or the botmclary of any lesser area prominently identified with signs stating "No

12 alcohol beyond this point".

13 Sec. 40-5-5. No climbing, etc., on Woodward Fountain, the Michigan Soldiers and Sailors

14 Monument or granite waterwalls.

· 15

No climbing, wading, swinm1ing or fishing in or upon Woodward Fountain, the Michigan

16 Soldiers and Sailors Monument or granite waterwalls is permitted.

17 Sec. 40-5-6. Games prohibited.

18

No person shall play any games or engage in any other entetiainment in or upon Campus

19 Mmtius Park that interferes with pedestrian use or safety.

20 Sec. 40-5-7. Wheeled vehicles prohibited.

21

No wheelbatTOW, handcart. automobile. motorcycle, motordriven cvcle, go-cart, unicycle,

22 moped, solex cycle or other wheeled vehicles are permitted in Campus Martius Park except as

23 approved by the recreation department for a scheduled event. This section shall not apply to a

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1 · handicapped or disabled person in a wheelchair. an infm1t stroller, nor to emetgency or service

2 vehicles. Bicycles may be walked tlu·ongh or pm·ked at bike racks within or adjacent to Campus

3 Mmiius Parle 4 Sec. 40-5-8. Roller skates, roller blades, scooters, and skateboards prohibited; exception.

5

No person shall operate or ride upon any skateboard, roller skates, roller blades or scooters

6 upon Campus Mmtius Patk except when permitted during an event scheduled by the recreation

7 department.

8 Sec. 40-5-9. No open fires.

9

No open fires or cooking is allowed except in areas designated by the recreation depati:ment.

10 Sec. 40-5-10. Prohibited activities.

11

(a)Leafleting. petitioning, solicitation or demonstration activities are prohibited under the

12 following circumstances:

13

(1) On the ice rink or within 10 feet ofthe rinlc to ensure such activities interfere with ice rink

14

use and operations;

15

(2) On any permanent or tempormv stages or tents which may be erected or utilized in

16

com1ection with any other scheduled events; on stages or in tents which may be erected

17

in com1ection with other scheduled events in the Pm·k.

18

(b)No activities shall utilize any momunents, public art or trees in the Park for any purpose.

19

(c)No sound anwlification shall be allowed to accompany leafleting, petitioning, solicitation

20 or demonstration activities without a permit.

21 Sec. 40-5-11. Permit required; exceptions.

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1

(a)Groups of more than twentv-five (25) individuals who desire to engage in leafleting,

2 petitioning. solicitation or demonstration activities must request a permit from the recreation

3 department pursuant to Article I, Division 4 of this Chapter.

4

(b)Dming festivals or events open to the general public, leafleting, petitioning, solicitation or

5 demonstration activities shall be permitted in a marmer consistent with Park Rules and laws

6 applicable to such activities.

7

(c)The Citv recognizes that the sidewalk smrotmding Campus Martins Park. including that

8 portion abutting the Soldiers and Sailors Monument, shall remain available for First Amendment

9 activity unless such activity would endanger the public, undulv impede pedestrian or vehicular·

10 traffic, or in the event that the sidewalk is closed to the general public.

11 Sec. 40-5-12. Civil penalty.

12

Any person who violates anv provision of this Article other than Sections 40-5-10 and 40-5-

B 11 is subject to issuance of a misdemeanor violation and, upon conviction, is subject to the

14 penalties provided in section 1-1-9(a) of this Code. Any person who violates Section 40-5-10 or

15 Section 40-5-11 is subject to issuance of a civil infraction and subject to a civil fine.

16 Sees. 40-5-13-40-5-20. Reserved.

17

Section 2. This ordinance is hereby declared necessary to presetve the public peace, health, safety,

18 and welfare of the People of the City of Detroit.

19

Section 3. .All ordinances, or parts of ordinances, that conflict with tlus otdh1ance ate repealed.

20

Section 4. In the event this ordinance is passed by t\Vo-thirds (2/3) majority of City Council

21 Members sctving, it shall be given immediate effect and become effective upon publication in

22 accordance with Section 4-1 '18 of the 2012 Detroit City Charter. Where this ordinance is passed by

23 less than a t\vo-thirds (2/3) majority of City Council Members setving, it shall become effective on

24 the thirtieth (30) day after enactment, or on the fu:st business day thereafter, in accordance with Section

34

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1 4-118 of the 2012 Detroit City Charter. Approved as to form:
Co.rporation Counsel

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