Title
A Resolution updating the Green Street Public Forum Policy and Exhibit A for the City of Lee's Summit, Missouri.
Body
Issue/Request:
To update the Green Street Public Forum Policy and Exhibit A to better reflect when and where the public may exercise their First Amendment rights at Green Street.
Key Issues:
Minor clarification edits to the language of "Green Street Public Forum Policy: 1st Amendment & Free Speech".
Updating Exhibit A for the “Green Street Public Forum Policy: 1st Amendment & Free Speech”.
Proposed City Council Motion:
I move to approve a Resolution updating the Green Street Public Forum Policy and Exhibit A for the City of Lee's Summit, Missouri.
Background:
Historically, the Civic Plaza, an outdoor extension of Lee’s Summit City Hall, out to the previous sidewalk running along the west side of Green Street, that is now a part of Green Street, was not a traditional public forum. A traditional public forum is a public place (1) which has historically been recognized as such under First Amendment law in the United States (public sidewalks along public streets, for example), and (2) which the government has expressly dedicated to free speech activity but may include additional restrictions for limited purposes or uses. The purpose of a traditional public forum is to provide the protection and enforcement of the First Amendment guaranty of free speech and expression.
The City of Lee’s Summit Missouri may designate City-owned property and public areas as limited public forums. A limited public forum is a designated public forum that the government intentionally opens to expressive activity for a limited purpose or for limited durations, such as use by a certain group or use for discussion of certain subjects or use for limited time periods.
The City may adopt reasonable time, place, and manner restrictions on activities in public forum areas, such as the street and sidewalk, which leave open alternative avenues of communication and speech. This comports with First Amendment law. City Hall’s previous policy for the Civic Plaza allowed people to picket or pass out leaflets and other information on the sidewalk and street adjacent to the Plaza, but not in the Plaza itself. Because the geography of the Civic Plaza changed and the nature of Green Street is vastly different from the historical Civic Plaza, a public forum policy was established in 2025 to prevent ambiguity in allowing for and protecting the public’s First Amendment rights.
Minor clarification edits to the language of the public forum policy alongside updates to Exhibit A better reflect when and where the public may exercise their First Amendment rights.
Impact/Analysis:
Based on previous Supreme Court guidance and rulings, a public forum policy is an effective way to ensure the protection of First Amendment rights on public property while also creating a framework to ensure a public safety. Updating the language of the policy and map outlined in Exhibit A will allow this to occur.
Timeline:
Start: 2026
Finish: In perpetuity
Presenter
Erin Kelly, Staff Attorney
Ryan Elam, Assistant City Manager