Revised: 11/07/2005

 

Posting/Distribution of Temporary Signs,                                                                                      UPPS No. 07.04.02

Informational Booths & Banners on Campus                                                                                 Issue No. 4

Effective Date: 4/1/2004
Review: December 1 E10Y

 

 

*01.     POLICY STATEMENTS

 

01.01  Since the freedoms of speech and assembly are essential to intellectual development, Texas State affirms its commitment to the free expression of ideas as embodied in the constitutions of the United States and the State of Texas; however, these freedoms are subject to reasonable restrictions so they will not interfere with the University’s academic mission and other programs.

 

01.02  This UPPS sets forth University policy for distributing literature, posting signs and banners, and maintaining information booths on campus.

 

01.03  This UPPS does not apply to solicitations for the purchase or sale of goods or services on campus. Our policy for those activities is contained in UPPS No. 07.04.03, "Solicitation on Campus."

 

02.       PROCEDURES FOR DISTRIBUTING LITERATURE

 

02.01  Any person may distribute outdoors, on grounds owned or controlled by Texas State, petitions, informational handbills, or other pieces of literature that are not obscene, as defined by Texas or federal law, or libelous. 

 

02.02  When distributing literature, the distributor must not:

 

a.   interfere with the flow of pedestrian or vehicular traffic;

 

b.      hawk, shout, or otherwise disturb or interfere with academic, institutional, or other approved activities;

 

c.      create litter or trash on campus; or

 

d.   place literature on vehicles.

 

02.03  To ensure adequate space, Texas State recommends that persons schedule at the Campus Activities and Student Organizations (CASO) Office, 4th Floor, LBJ Student Center "information fair" events in the quad or mall areas, or in the open area in front of the LBJ Student Center.

 

02.04  To enhance the flow of traffic, the University requires that persons distributing literature from a table clean the area thoroughly at the conclusion of the distribution.

 

03.       PROCEDURES FOR POSTING SIGNS

 

03.01  In this UPPS, "sign" includes flyers, decals, notices, placards, posters, chalked or painted messages, and banners. "Posting" means any method employed for displaying a sign.

 

03.02  Texas State maintains public bulletin boards and kiosks designated for posting signs. The Director of the LBJ Student Center can provide the location of each such bulletin board and kiosk. However, these public bulletin boards do not include the bulletin boards and displays reserved exclusively for department, college, or University use. These latter bulletin boards and displays are designated as non-public forums. Posting in residence halls must be approved in the Residence Life Office, Room 320 JCK.

 

03.03  The bulletin boards and kiosks designated for posting signs are designated as limited public forums for use by Texas State students, faculty, and staff. Texas State does not control the content of the signs placed on these boards except that these signs and signs posted anywhere else on campus may not interfere with the free flow of vehicular or pedestrian traffic, litter campus facilities or contain: 

 

-  obscene material in violation of Texas or federal law;

 

-  libelous material; or

 

-  words or admonitions, which advocate the deliberate violation of a Texas or federal law, or a University or System policy.

 

In addition, the University places the following time, place, and manner restrictions on signs posted on its designated bulletin boards and kiosks:

 

a.   Time:

 

1)   Signs may be posted for a period of ten class days or until the day following the event they describe, whichever comes first. The person posting the sign must place the date posted and the date of removal in blue or black ink on the face of the sign. Texas State may remove any sign not containing these two dates.

2)   The person posting the sign must remove the sign when the posting period has expired. The University may remove any sign if its posting time has expired.

 

b.   Place:

 

1)   A person may post only one sign on each flat side posting area of the bulletin board or kiosk.

2)   A person may not place a sign in a manner that obscures another sign previously posted.

 

c.   Manner:

 

1)   A sign may not exceed 22 x 28 inches in size.

2)   A person may not post a sign by chalk or other marker on the bulletin board or kiosk itself. Instead, persons may only post signs on paper or other material that is affixed to the bulletin board or kiosk in a manner in which it can be easily removed.

3)   Only Texas State students, faculty, staff, and registered student, faculty or staff organizations including affiliated organizations, e.g., Texas State Alumni Association, may post signs on campus.

 

03.04  On campus, a person may not post a sign or chalk on or in:

 

a.   a tree, shrub, or plant;

 

b.   a permanent sign or another sign that has been properly posted;

 

c.   a fence, a chain, or a fence’s support structure;

 

d.   a brick, concrete, or masonry structure;

 

e.   a statue, monument, or similar structure;

 

f.    a utility pole or traffic light control junction box;

 

g.   a fire hydrant or any object within twenty-five feet of a fire hydrant;

 

h.   a curb or sidewalk, or the area between a curb and a sidewalk;

 

i.    a building or wall, except on a bulletin board attached to a building or wall;

 

j.    a bench or bus stop;

 

k.   a trash can or dumpster;

 

l.    vending machines;

 

m.  automobiles, without the owner’s prior consent;

 

n.   windows;

 

o.   restrooms;

 

p.   floors or buildings;

 

q.   elevators;

 

r.    stairs and stairwells both inside and outside of structures, unless approved per Section 04.03; or

 

s.   handrails throughout the Texas State campus.

 

*03.05 Special Rules for Polling Places and Electioneering. From time to time an area on the university’s campus is designated as a polling place for national, state, or local elections. The policies in this Section and the other policies in this UPPS apply to signs and electioneering near these polling places during early voting periods and on election days.

 

a.   The Dean of Students will designate one or more places near these polling places where persons may place signs for or against any candidate, measure, or political party. As provided in state law (Election Code § 62.013), these signs must be at least 100 feet from the outside door through which a voter may enter a building in which a polling place is located.

 

b.   The persons who place these signs must remove them within three days after the end of voting at the polling place. The University may remove signs left after this time.

 

c.   The designated area will be large enough to accommodate a reasonable number of signs. In order to accommodate all signs, the Dean of Students may limit the number of signs that may be placed in the designated areas by a candidate or by the proponents or opponents of a measure being voted on at the polling place. The Dean of Students will inform all interested persons of the locations for signs at polling places and any limit on the number of signs.

 

d.   During the time a polling place on campus is open for voting, a person may not electioneer for or against any candidate, measure, or political party within 100 feet of an outside door through which a voter may enter the building in which an early voting polling place is located (Election Code § 85.036).

 

e.   Within 60 days of an election date, all candidates for public office have equal access to the campus grounds for the purpose of electioneering.  Candidates may not: (1) disrupt classes or other university activities; (2) violate state law or any university policies, including those in Section 02 of this UPPS; (3) post signs or electioneer inside university buildings; or (4) post messages on campus electronic message boards.

 

04.       PROCEDURES FOR POSTING BANNERS

 

04.01  "Banners" are larger signs, up to six feet in length and three feet in width.  Although the policies for signs apply in general to banners, some special rules also apply.

 

04.02  In the LBJ Student Center, banners may be displayed on the third floor bookstore patio, second floor lair patio and the atrium. Banners may also be placed on the catwalks in the Academic Services Building (ASB).  These areas are nonpublic forums, are available on a first come, first served basis, and require a confirmed reservation request through the Student Center Services office in Room 2-12 of the LBJ Student Center or the ASB Facility Director for use of the catwalks.

 

04.03  Departments within buildings on campus control the walls inside their buildings and may place banners on these walls. The walls of all campus buildings are non-public forums, subject to the exclusive control of the departments occupying those buildings.

 

04.04  The person or organization posting the banner must supply rope or string to hang the banner. The person posting may not tape the banner to a wall or building. The person must promptly remove the banner and the material used to apply it when the reservation expires. Banners should be constructed of a durable material and fastened securely to avoid damage to persons or property in the vicinity.

           

04.05  Texas State may remove a banner before the reservation expires if it is damaged by weather, becomes a safety hazard or becomes unreadable.

 

04.06  The City of San Marcos grants permission to hang banners on city streets.  San Marcos Electric Utility is the entity that actually hangs street banners.

 

05.       PROCEDURES FOR MAINTAINING INFORMATION BOOTHS

 

05.01  An information booth is a table temporarily used to distribute petitions, posters, surveys, handbills, or literature or for posting signs.

 

05.02  To enhance the flow of traffic, Texas State recommends that persons who distribute literature from a table do so in the quad, the LBJ Student Center mall, or, in the case of special activities, at locations designated by the Director of the LBJ Student Center or the Director’s designee.

 

05.03  Persons who maintain information booths are required to clean the area thoroughly at the conclusion of the activity.

 

06.       Compliance

 

06.01  If any covered activity is done in a manner violating this policy, the Director of the LBJ Student Center or designee may take such action as he or she deems appropriate to stop the violation. Such actions include removing offending signs, notifying Student Justice or the University Police Department, restricting future use of facilities, and assessing costs for damage to property.

 

06.02  The Director of the LBJ Student Center or designee may approve reasonable exceptions to these policies in order to appropriately address unusual circumstances.

 

07.       PROCEDURES FOR Publicizing This Policy

 

07.01  Publication of the policy and related procedures will be made each September 30th:

 

a.   by the Dean of Students, through the Student Handbook;

 

b.   by a memorandum from the Director of the LBJ Student Center; and

 

c.   by a notice included in the Student Organization Handbook.

 

08.       REVIEWERS OF THIS UPPS

 

08.01  Reviewers of this UPPS include the following:

 

Position                                                                      Date

 

Director                                                                      December 1 E10Y

LBJ Student Center

 

Dean of Students                                                      December 1 E10Y

 

09.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Director, LBJ Student Center; senior reviewer of this UPPS

 

Dean of Students

 

Vice President for Student Affairs

 

President