Wednesday, May 9, 2007
By ANN S. KIM
Staff Writer
SOUTH PORTLAND - Should the public have free-speech rights in the common areas of Maine's privately owned malls?
That isn't the case now, and Rep. Jon Hinck, D-Portland, says that a change is needed.
Hinck has introduced a bill that would give people the right to petition and otherwise exercise their free-speech rights in the common areas of shopping centers as long as they do not interfere with business or pedestrian traffic.
The bill would also prohibit shopping centers' owners from restricting who can post information in areas set aside for public notices. The measure would apply to indoor and outdoor shopping centers with at least five retailers and at least 75,000 square feet of space to be leased.
The operators of shopping areas would have the right to establish rules. They could, for example, limit the number of people at a gathering, set aside certain areas for gatherings, bar solicitation of donations and prohibit equipment such as lights and sound amplification.
Hinck and other supporters of the bill say shopping centers are the places where people can be found nowadays.
"We have a right to free speech and petition," said Hinck, whose bill will go before the Judiciary Committee today. "If you can't do it where the people are, it's a meaningless right."
Critics of the proposal say it would take an important right away from private property owners.
A U.S. Supreme Court decision in 1980 said that while there is no federal constitutional right to free speech in private shopping centers, states can grant that broader right. A handful, including California, New Jersey and Washington, have done that, Hinck said.
Hinck and one of his co-sponsors, Sen. Peter Mills, R-Cornville, have had trouble conducting political activities at shopping areas. Hinck said a grocery store manager called the police when he tried to pass out literature for Chellie Pingree's attempt to unseat Sen. Susan Collins in 2002.
Mills, the leader of a 2005 people's veto petition drive against a borrowing provision, said the effort hit roadblocks at some shopping centers.
"They've shut down Main Streets, and that's where we used to go. Main Street doesn't exist anymore," Mills said.
At the Maine Mall in South Portland, some shoppers were lukewarm about the proposal.
"I don't have much time to shop," said Carol Moore of Bath. "When I come here I don't want to be bothered."
Mel Lange of Old Orchard Beach agreed. "People come to the mall to shop, not to do politics," she said.
Her friend David Christopher said he would like to see the activity limited to a booth so shoppers could take the initiative rather than being approached.
"I wouldn't be opposed to people expressing their views if people could approach them," he said.
Merchants and commercial landlords in Maine are wary of the proposal. The Maine Merchants Association is opposed because it would deprive property owners of an important right, said Jim McGregor, the group's executive vice president.
"It appears to be an effort by petition gatherers to take the easy way out and come to high-traffic areas. It's just a step too far," he said.
The Maine Grocers Association does not yet have a position, but Executive Director Amie Joseph said the trade association is concerned about providing a safe and pleasant experience for customers and employees.
It's understandable that some property owners might want to prohibit political activities altogether, said Paul Cincotta, a project manager with Massachusetts-based Packard Development, the landlord of the Shops at Biddeford Crossing, Maine Crossing in South Portland and part of the Pine Tree Shopping Center in Portland.
The proposed change, he said, could make landlords vulnerable to liability claims and burden them with the responsibility of managing activities.
"It doesn't come from a sentiment that we're anti-free speech folks," Cincotta said. "When you're a landlord, operational issues are your business. We think it has the potential to create some operational challenges."
Supporters of both conservative and liberal causes say current law is too limiting.
Orville Ranger of Brunswick said he was asked to leave three shopping centers in town while gathering signatures for the Taxpayer Bill of Rights.
"All of us were very angry, because, after all, the Republicans have been the people of big business," Ranger said.
Staff Writer Ann S. Kim can be contacted at 623-1031 or at:
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