An Act To Guarantee Free Speech in Privately Owned Public Gathering Places
Maine Legislature, Session 123, LD 1540
Committee Amendment CA_B_H877 (House)
Amends: 5 MRSA §4684-C

COMMITTEE AMENDMENT" g " to H.P. 1065, L.D. 1540, Bill, "An Act To 
Guarantee Free Speech in Privately Owned Public Gathering Places" 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 5 MRSA §4684-C is enacted to read: 
§4684-C. Exercise of the right to petition in public gathering places 
1. 
Definitions. As used in this section, the following terms have the following 
meanmgs. 
A. "Common area" means that part of a shopping mall that consists of entrances, 
exits, passageways, sidewalks, malls, concourses and parking lots that provide access 
to or that connect the establishments of the shopping mall and that do not constitute 
part of the gross leasable area of the shopping mall. 
B. "Establishment" means a store, bank, restaurant, theater, arcade or other similar 
type of facility. 
C. "Gross leasable area" means the total square foot area of all establishments of a 
shopping mall leased or offered for lease, regardless of whether vacant or occupied, 
the location of the area within the shopping mall or the duration of the lease. 
D. 
"Management" means any person, partnership, limited liability company, 
corporation, joint venture or other entity managing, owning, operating or otherwise 
controlling the administration of a shopping mall. 
E. "Shopping mall" means a privately owned enclosed complex that consists of at 
least 5 establishments in which merchandise is sold at retail, grants access to the 
general public and, in addition to common areas, has at least 200,000 square feet of 
gross leasable area. 
2. Exercise of right to solicit petition signatures in shopping mall. Unobtrusive 
and reasonable solicitation of petition signatures in connection with access to the ballot 
COMMITTEE AMENDMENT 
",' 
~ 
1 
COMMITTEE AMENDMENT .. E .. to H.P.I065, L.D.1540 
for a candidate, initiative and referendum must be allowed in the common area of 
shopping malls, subject to reasonable time, place and manner restrictions adopted by 
management. 
Reasonable time, place and manner restrictions may include the 
requirement for the petitioner to execute a release to hold the shopping mall harmless and 
relinquish any claims of liability against a shopping mall for negligence and other 
nonwillful or grossly negligent misconduct. 
3. Informational material. Unobtrusive and reasonable posting of signs, posters, 
placards and other written but not pictorial materials in connection with the exercise of 
the rights specified in subsection 2 must be allowed, subject to reasonable time, place and 
manner restrictions and as long as the posting does not interfere with the commercial 
purpose of the shopping mall or its tenants. 
4. Violation. It is a violation of this section for any person, whether or not acting 
under color of state law, to intentionally interfere or attempt to interfere with the exercise 
or enjoyment by any person of rights guaranteed by this section.' 
SUMMARY 
This amendment is a minority report of the Joint Standing Committee on Judiciary. 
This amendment narrows the bill to address the right to collect petition signatures in 
support of candidates and state and local initiatives and referenda at shopping malls. A 
shopping mall is defined as a privately owned enclosed complex that consists of at least 5 
retail establishments, grants access to the general public and has at least 200,000 square 
feet of gross leasable area. 
This amendment requires that the shopping malls allow such solicitation, subject to 
reasonable time, place and manner restrictions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/12/08 Mac.. 
LD 1540 
LR 448(02) 
An Act To Guarantee Free Speech in Privately Owned Public Gathering Places 
Fiscal Note for Bill as Amended by Committee Amendment" B " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. The collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR0448(02) - Fiscal Note - Page 1 of 1