State Fair Center

FREE SPEECH ACTIVITY GUIDELINES WHEN THE ANNUAL STATE FAIR IS NOT IN SESSION

The North Dakota State Fairgrounds are used year-round and these guidelines apply when the annual State Fair is not in session. The North Dakota State Fair Association (the “Fair”) aims to provide visitors with the greatest opportunity to enjoy various events at the Fairgrounds.

It is the policy of the Fair to allow free speech activities whenever said activity is not inconsistent with the normal operations or activities occurring on the Fairgrounds. However, in keeping with the Fair’s strong interest in: (1) ensuring the orderly movement of visitors, (2) access of its visitors to the events, programs, exhibits, and attractions held on the Fairgrounds; and (3) providing a safe and secure venue, it is necessary to balance the interests of those engaged in free speech activities with concerns regarding the safety of visitors by avoiding confrontation, congestion, or accidents which could lead to injury. Therefore, free speech activities, to include demonstrations, protests, proselytizing, caucusing, sign carrying, and/or similar activities are permitted only in designated free speech areas of the Fairgrounds as designated by the North Dakota State Fair to balance the interests of those engaged in free speech activity and being given reasonable access to visitors of the Fairgrounds and the safety of the visitors by avoiding accidents or congestion which could lead to injury. These guidelines pertain only to reasonable regulation of the time, place and manner of free speech activities and may not be construed to regulate the context of any speech. These guidelines are not intended to enlarge any rights guaranteed by existing law or to create new rights not guaranteed by existing law. These guidelines may not be construed to waive any defenses or rights available to the North Dakota State Fair.

To facilitate the Fair’s ability to provide ample space where individuals or groups can communicate with visitors of the Fairgrounds, individuals or groups intending to engage in free speech activities, to include demonstrations, protests, proselytizing, caucusing, sign carrying, collection of signatures and/or other similar activities must first be granted a Public Assembly Permit before engaging in free speech activities. To apply for a Public Assembly Permit, please complete a Public Assembly Application and deliver the completed Application by mail, email or hand delivery to: North Dakota State Fair, PO Box 1796, Minot, ND 58701, email to ndsf@minot.com. The Application must be received by the Fair at least 30 days prior to the proposed activity and are granted on a first-come, first-serve basis. Among other things, in your application for a Public Assembly Permit, you will be asked to provide the following information: (1) the date of the planned activity; (2) the anticipated start and finish time; (3) the nature of the planned activity; (4) the expected number of participants with an estimate of the maximum and minimum number of participants; and (5) a designated contact person, who will be on-site, including a contact number for said person. If the Application is timely and complete, there exists space within the designated free speech area, the proposed activity will not impede other visitors, the activity does not involve the sale or offer for sale of any article or service or the solicitation of funds, the Fair Administration will grant you a Public Assembly Permit and a suitable location for the activity will be provided, per the discretion of the Fair Director or his designee, at a free speech area. The location of a free speech area may change from day to day. The North Dakota State Fair reserves all rights to assign or move free speech areas as required by Fairgrounds events and public safety. All activities in free speech areas will be limited to the hours the Fairgrounds are open to the public.

Free speech activities occurring within the free speech area must not impede the free flow or movement of other visitors of the Fairgrounds and/or obstruct, interrupt, obscure, or otherwise interfere with events, programs, exhibits, and attractions held at the Fairgrounds. If such activities are found to impede the free flow or movement of other visitors and/or obstruct, interrupt, obscure, or otherwise interfere with such events, programs, exhibits and attractions, and, following notice, the conduct is not promptly addressed and the problems eliminated, then the authorized use of the free speech area will be revoked and the participant(s) will be ordered to disperse.

While engaging in free speech activities occurring within the free speech area, individuals or groups may not hang signs, banners, or similar items from or on any buildings, fences, signs, trees, shrubs, etc., owned and controlled by the Fair. Any signs, banners, or similar items held or carried while engaged in free speech activities must not be so large and unwieldy as to impede the free flow or movement of other visitors and/or obstruct, interrupt, obscure, or otherwise interfere with events, programs, exhibits, and attractions held at the Fairgrounds. No group or individual utilizing a free speech area shall state or imply that the views they express are the views of the North Dakota State Fair.

While engaging in free speech activities occurring within the free speech areas, individuals or groups may not use a sound device, including but not limited to a bullhorn or other sound amplifying device, electronic or otherwise. Such individuals or groups shall not engage in loud, rude, or unreasonable behavior; make threatening comments, actions, or gestures toward others; commit any act that is a violation of a criminal law; or participate in any behavior or activity that, in the opinion of the Director or his designee, may affect the safety or well-being of any other person. No selling or advertising of any merchandise or service shall occur within the free speech area.

Any person or persons engaged in free speech activity who violates these guidelines shall be subject to the following:

1. If no Public Assembly Permit is applied for or received, the person or persons shall immediately cease their activities and leave the Fairgrounds;
2. If an organization or individual is engaged in activity in violation of these guidelines, an initial warning shall be issued where possible. If the activity in violation continues, the activity shall be stopped and the violation shall be cause for immediate ejection from the Fairgrounds;
3. Anyone engaged in any violence or who provokes any violence shall be immediately ejected from the Fairgrounds;
4. If any sales, solicitation for sales or solicitation for funds occurs within the free speech area, the activity shall be stopped and the violation shall be cause for immediate ejection from the Fairgrounds; and
5. Nothing in these provisions regarding violations of these guidelines shall require the North Dakota State Fair to exhaust any remedies, to give any oral warnings, or to compromise or limit in any way, any remedies provided by law.

Failure to leave when directed by Fair personnel may result in arrest for disorderly conduct or trespass as appropriate.