Comments on: Downtown policy contradicts free speech, Leggett says

By: David Zakar

David Zakar — Wed, 25 Jul 2007 12:23:38 +0000

Good points – I didn’t consider that leasing public property as a private entity might be different than leasing private property as a private entity.

I’m definitely eager to hear what the lease says about what rights were handed out.

By: Pennster

Pennster — Tue, 24 Jul 2007 03:25:46 +0000

Signing a lease doesn’t mean that whoever is the lessee has the right to impose anything they want. Usually the lessor includes provisions in the lease as to what is and what is not allowed (same thing that would happen leasing a car or an apartment). It’s not like Peterson actually bought the street. That would be different.

By: Wee

Wee — Tue, 24 Jul 2007 03:20:26 +0000

David, unless you’ve seen the lease agreement (for $1/year if I remember correctly), you can’t make a broad statement about legalities from either side of the fence. If the lease doesn’t mention anything about photography or privacy on the street, (or even better, if it specifically stipulates that first amendment rights are protected) then it would be perfectly fine to assume that there’s nothing wrong with taking pictures or videos or handing out political flyers. That was the point of my response.

By: Jennifer Deseo

Jennifer Deseo — Mon, 23 Jul 2007 17:15:33 +0000

I’ve got a copy of Peterson’s lease with the county. I’ll bounce it to a couple of lawyers to see what they think.

By: David Zakar

David Zakar — Mon, 23 Jul 2007 16:57:22 +0000

“Who says Peterson Cos. has a legal leg to stand on either?”

The case law for malls and photography is quite well established, from what I understand. There’s no reason to think this would change just because you’re outdoors. Peterson leased out Ellsworth Drive, and thus, they make the rules.

By: Wee

Wee — Mon, 23 Jul 2007 16:55:54 +0000

Who says Peterson Cos. has a legal leg to stand on either? Obviously since they’re responding so quickly to this, they must’ve done something wrong and they’re working hard to fix it.

By: David Zakar

David Zakar — Mon, 23 Jul 2007 15:51:02 +0000

Unless Mr. Legget’s got a clause in the lease about this issue, I don’t see where he has a legal leg to stand on. The county can consider Ellsworth Drive whatever they want – the courts will not find the issue nearly as simple.