Judge issues order against cities on petition-circulator policies
A federal judge issued an order Thursday saying that the cities of Omaha, Lincoln and Grand Island must allow petition circulators to gather signatures on most public property.
U.S. District Judge Richard Kopf ruled in a lawsuit filed this week by the head of a petition drive aimed at capping state spending.
The petition drive, working under the name Stop Over Spending Nebraska, seeks a constitutional amendment that would tie state spending to cost of living and population changes.
Mike Groene of North Platte, one of the sponsors of the effort, said the cities have implemented polices that prohibit circulators from gathering signatures in public parks, on some sidewalks and streets and outside of other public buildings and facilities.
Groene said the policies violated the First Amendment rights of the signature gatherers.
Kopf said the circulators can gather signatures on “streets, sidewalks, exterior courtyards, parks and walkways that carry public pedestrian traffic.”
Kopf stressed that his order included sidewalks that carry traffic to private businesses.
Kopf also said circulators must be allowed access to areas just outside satellite offices that Douglas County Treasurer Julie Haney leases in shopping malls — even though they are private property.
One circulator, Amie Spradley, was stopped by police officers June 11 when she tried to enter the Celebrate Lincoln festival.
Festival rules prohibit “campaign materials, petitions, religious materials, brochures and/or solicitations.”
“Spradley reasonably feared that she would be arrested and prosecuted if she attempted to enter the Celebrate Lincoln festival in violation of the instruction that she was not allowed to enter, so she left the area and was not able to circulate the ... petition,” according to the lawsuit.
Kopf said that circulators must be allowed at such events because the public is allowed.
Kopf also did not buy arguments that sidewalks leading from the street to public libraries should be off limits to circulators.
“How in the world does that promote — serve — a significant governmental interest?” he said.
Groene was not at the hearing and did not immediately return a call seeking comment.
His lawyer, Gene Summerlin Jr., said: “We think the court did a good job protecting the First Amendment interests of petition circulators to allow the initiative process to work in the state of Nebraska.”
Groene, who sells farm equipment, has said the cap is needed because state spending will go up 7.8 percent and 7 percent, respectively, the next two years.
Americans for Limited Government of Glenview, Ill., is also sponsoring the petition drive.
A coalition called Nebraskans for the Good Life said the spending cap would stop property tax relief efforts and place an even heavier burden for providing local services on property taxes.
Critics of the petition drive have said it resembles a lid that was passed in Colorado.
Colorado voters in November suspended the state Taxpayer’s Bill of Rights — the strictest government spending limit in the nation — and agreed to relinquish more than $3 billion in tax refunds over five years to take advantage of the rebounding economy and restore programs that were cut during the downturn of the past few years.
In order for the Nebraska measure to get on the November ballot, about 115,000 signatures would have to be collected by July 7.
Groene said he did not know how many signatures had been collected so far.
U.S. District Judge Richard Kopf ruled in a lawsuit filed this week by the head of a petition drive aimed at capping state spending.
The petition drive, working under the name Stop Over Spending Nebraska, seeks a constitutional amendment that would tie state spending to cost of living and population changes.
Mike Groene of North Platte, one of the sponsors of the effort, said the cities have implemented polices that prohibit circulators from gathering signatures in public parks, on some sidewalks and streets and outside of other public buildings and facilities.
Groene said the policies violated the First Amendment rights of the signature gatherers.
Kopf said the circulators can gather signatures on “streets, sidewalks, exterior courtyards, parks and walkways that carry public pedestrian traffic.”
Kopf stressed that his order included sidewalks that carry traffic to private businesses.
Kopf also said circulators must be allowed access to areas just outside satellite offices that Douglas County Treasurer Julie Haney leases in shopping malls — even though they are private property.
One circulator, Amie Spradley, was stopped by police officers June 11 when she tried to enter the Celebrate Lincoln festival.
Festival rules prohibit “campaign materials, petitions, religious materials, brochures and/or solicitations.”
“Spradley reasonably feared that she would be arrested and prosecuted if she attempted to enter the Celebrate Lincoln festival in violation of the instruction that she was not allowed to enter, so she left the area and was not able to circulate the ... petition,” according to the lawsuit.
Kopf said that circulators must be allowed at such events because the public is allowed.
Kopf also did not buy arguments that sidewalks leading from the street to public libraries should be off limits to circulators.
“How in the world does that promote — serve — a significant governmental interest?” he said.
Groene was not at the hearing and did not immediately return a call seeking comment.
His lawyer, Gene Summerlin Jr., said: “We think the court did a good job protecting the First Amendment interests of petition circulators to allow the initiative process to work in the state of Nebraska.”
Groene, who sells farm equipment, has said the cap is needed because state spending will go up 7.8 percent and 7 percent, respectively, the next two years.
Americans for Limited Government of Glenview, Ill., is also sponsoring the petition drive.
A coalition called Nebraskans for the Good Life said the spending cap would stop property tax relief efforts and place an even heavier burden for providing local services on property taxes.
Critics of the petition drive have said it resembles a lid that was passed in Colorado.
Colorado voters in November suspended the state Taxpayer’s Bill of Rights — the strictest government spending limit in the nation — and agreed to relinquish more than $3 billion in tax refunds over five years to take advantage of the rebounding economy and restore programs that were cut during the downturn of the past few years.
In order for the Nebraska measure to get on the November ballot, about 115,000 signatures would have to be collected by July 7.
Groene said he did not know how many signatures had been collected so far.
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