Mobile County Commission advances draft ‘Use of Space’ policy for atrium after public concerns; approval contingent on legal revisions

The Mobile County Commission on Nov. 24 opened a public hearing and advanced a draft "Use of Space" policy that would regulate demonstrations and expressive activity inside the Government Plaza atrium, saying final approval will be contingent on further legal review and clarifying revisions.

County attorney Jay Ross told the commission the draft, prepared with input from the 13th Judicial Circuit, the county ADA director and First Amendment experts, is intended to be content-neutral and to regulate only time, place and manner inside the building. "The policy as drafted ... designates the atrium as a public place within the county to exercise First Amendment" protections, Ross said, adding the draft lists prohibited items ("scooters, skateboards, bicycles, ladders, large electronics, or electrical cords") and disallows persons "uninfluenced of drugs or alcohol." He said designated 6-by-6-foot areas would be marked on the floor for demonstrations.

Several residents and organizers urged changes. Mara Mandyke of Indivisible Mobile said the draft "looks reasonable to us" but asked the county to explicitly exclude Government Street and to add clearer definitions of "time, place and manner" and what counts as "disruptive." Karen Austin asked for the same explicit exclusion of Government Street to help organizers plan. Andrea Gutierrez, Sydney Johnston and others urged tighter language on what constitutes "threatening" or "disruptive" speech and asked who initiated the policy and "why now." James Williams, a veteran and former state trooper, said he found the 10-page draft difficult to comprehend in a single reading and repeatedly asked, "Why now?"

Commissioners responded that the draft applies only inside the building, does not regulate public streets outside the structure, and was developed because county officials recognized a need for an internal policy. One commissioner said: "When you have a structure like this, you have to anticipate" safety scenarios, citing past emergency responses. Commissioners agreed to add illustrative language and definitions and to consult constitutional law precedents on time/place/manner limits.

After discussion, the commission voted to take item 18 out of order and to approve the draft policy "contingent on legal approval" and revisions that address the points raised in public comment, including clarifications about the overhang, examples of what constitutes "manner" and guidance on "threatening" behavior. The commission said residents who believe their rights are infringed after implementation may return and request further changes.

The commission and attorney emphasized the draft is intended to balance safety and access, not to suppress speech. Jay Ross said the policy is not intended to restrict topics of expression and that outside gatherings on Government Street remain under city jurisdiction. The commission directed staff to prepare revisions and return them for final review.