45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO SHOPPING MALLS; GRANTING PERSONS CERTAIN RIGHTS OF NON-COMMERCIAL COMMUNICATION, EXPRESSION AND SOLICITATION ON THE PROPERTY OF PRIVATELY OWNED LARGE SHOPPING MALLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHOPPING MALLS--RIGHTS OF PERSON TO ENGAGE IN NON-COMMERCIAL COMMUNICATION, EXPRESSION AND SOLICITATION ON PREMISES.--

A. A person has the right to engage in non-commercial oral communication with others, distribute non-commercial literature, solicit individuals' signatures on non-commercial petitions or express opinions and views of a non-commercial nature in the common public areas of a privately owned shopping mall having leased space and common areas totaling five hundred thousand or more square feet if the specified activities do not substantially interfere with the business of the mall or its tenants.

B. The owner of the mall or his authorized delegate may impose reasonable restrictions on the time, place and manner of engaging in the activities described in Subsection A of this section if the focus of and the result from the imposition of the restrictions is to prevent substantial interference with the business of the mall or its tenants.

C. The owner of the mall or his authorized delegate shall not require the payment of fees by a person as a condition of exercising his right to engage in the activities described in Subsection A of this section, and he shall not impose preconditions to engaging in the activities that reasonably may have the effect of depriving a person of the rights granted in Subsection A of this section.

D. The owner of the mall or his authorized delegate shall not exclude from the mall non-commercial materials distributed or used in the activities described in Subsection A of this section, but they may exclude materials that would not be protected by the first amendment to the United States constitution if the materials were distributed or used on a public sidewalk.