The Mobile County Commission on Nov. 24 moved to advance a draft "use of space" policy regulating demonstrations inside Government Plaza's atrium after a string of public comments urged clearer language and stronger protections for free speech.
County attorney Jay Ross told the commission the draft — prepared with input from the county public affairs office, the Thirteenth Judicial Circuit, the county ADA director and First Amendment subject-matter experts — is ‘‘content neutral’’ and limited to indoor areas of Government Plaza. Ross said the policy designates marked 6-by-6-foot areas, lists prohibited items (scooters, ladders, open electrical cords) and aims to address safety concerns without targeting particular viewpoints: "The policy as drafted ... designates the atrium as a public place within the county to exercise First Amendment" rights, Ross said.
Speakers at the meeting, many with long histories of peaceful protest at Government Plaza, told commissioners they were alarmed by the timing and by ambiguous terms in the draft. "When we first heard about it ... it did alarm a lot of people," said Mara Mandike of Indivisible Mobile, who asked the commission to explicitly state that Government Street and other exterior streets are not covered by the county policy.
Sabrina Maass, a community activist, told the commission she had witnessed no obstruction of emergency access during longstanding protests and asked officials to identify the source of the alleged safety problems. "There is no safety issue," Maass said. "So I don't know where they state the issue is coming from." Several other speakers likewise urged precise definitions of "time, place and manner," "disruptive," and what constitutes "threatening" behavior.
Commissioners acknowledged those concerns and asked staff and counsel to add illustrative language and examples. One commissioner framed the work as overdue: "This is something that should have been done, a long time ago," the commissioner said, noting the county has a responsibility to anticipate safety issues in a public building. Ross said the draft applies only "inside of the building, not the curtilage, not the outside," and agreed the county could add non-limiting examples to clarify enforcement.
After public comment, the commission voted to take agenda item 18 out of order and advance the policy "contingent on legal approval" and revisions that address points raised at the meeting. Commissioners said residents may petition the body to change the policy if they believe it later infringes rights.
Next steps: the attorney's office will revise the draft to include clearer definitions and illustrations and return language for final legal review before the policy takes effect. The commission indicated the policy could be further revised at a subsequent meeting if members conclude changes are needed.