Distribution, Demonstrations, Fund Raising, Marches, Sales, Solicitation, Structures IV. Out-of-Doors Activities. A. Distribution.
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1. By Anyone. Any person may distribute printed material by hand directly to other persons, at any time, in an out-of-doors area of Ball State if such distribution is done without tables, booths, or other similar apparatus. Because of litter concerns, printed material may not be placed on motor vehicles on Ball State property. Except as permitted by this Policy, printed material may not be posted or otherwise attached to Ball State property.
2. By Non-profit organizations. In addition to distribution permitted in IV (A)(1), non-profit organizations may distribute materials using a table, booth or other apparatus in designated out-of-doors areas of Ball State property. Such use must be scheduled with the Office of Facilities Planning and Management in accordance with then-existing Ball State policies. A non-profit organization may post printed material on out-of-doors bulletin boards, kiosks or other areas designated for this purpose by the facilities planning. Such posting may be limited to a particular place or manner, or to particular types of organizations, in a content-neutral manner. |
B. Fund Raising.
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1. Non-profit organizations. A non-profit organization may engage in fund raising in an out-of-doors area if the activity is either: (1) for the benefit of the non-profit organization conducting the fund raising and the funds raised will be used for the activities of the organization or
(2) the non- profit organization is raising the funds for the benefit of another, clearly identifiable non-profit organization. If the fund raising will use a table, booth or similar apparatus, the organization is required to schedule the activity with the facilities planning office, and such use is limited to the area designated for such purposes by the office. Such use may be limited to a particular place or manner, or to particular types of organizations, in a content-neutral manner.
2. Recognized student organizations as agents of commercial firms. A recognized student organization may function as an agent or representative of a commercial firm only if: (1) the commercial activity involved is merely incidental to a larger scheduled event of a recognized student organization and is provided under contract with the recognized student organization merely for the convenience of those attending the event, e.g., the Watermelon Bust food sales. AND (2) the sale by the recognized student organization of goods or services of the commercial firm is conducted in the name of the recognized student organization without promotion of the name of the commercial firm or the trade names of the commercial firm’s goods or services. Such fund raising shall not be used to evade the restrictions of this Policy which would otherwise be applicable to a commercial firm. |
C. Distribution, Solicitation, Fund Raising, Sales or Commercial Activity During Limited Period.
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Non-profit organizations, commercial firms, and other persons may engage in distribution, solicitation, fund raising, sales or commercial activity, including the use of tables, booths or other apparatus between 7:00 a.m. and 11:00 p.m. in a designated area during the three (3) calendar days preceding the fall semester and first summer session, as well as the first day of the fall semester and first summer session. The space is available on a first-come, first-served, basis, by registering with the facilities planning office at any time during the eight (8) week period preceding the desired use. The facilities planning office may impose restrictions on the use of such designated space in a content-neutral manner. Visitors may be subject to a rental fee. No goods or services may be made available for sale if similar goods or services are available for sale on Ball State property by Ball State or persons under contract with Ball State. Amplification devices are prohibited in the designated area.
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D. Demonstrations.
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1. Demonstrations are permitted out-of-doors on Ball State property.
2. Demonstrations may not take place within sixty (60) feet of any window of any classroom or office, or any door of any classroom building, office building, or residence hall.
3. Demonstrators may not block access to or exit from Ball State buildings or residence halls.
4. Demonstrators may not disrupt instruction, research, administration or other University activity.
5. Demonstrations which are not expected to involve fifty (50) or more people are not required to be scheduled; however, in the event more than one demonstration is planned for the same area, the demonstration sponsored by students, employees, or recognized student organizations shall have priority. Otherwise, the demonstration that is scheduled first will be held in the approved location. An attempt will be make to identify an alternate location for the second group.
6. If a demonstration is expected to involve fifty (50) or more people: a) The demonstration must be scheduled with the Student Center Reservation Office (SCRO) at least three (3) business days prior to the demonstration, and approved by the Dean of Students. Approval or disapproval of a demonstration shall be based upon consultation with Public Safety and other events scheduled for the area, in a content-neutral manner. Events sponsored by students by students, employees or other events. Otherwise, the demonstration that is scheduled first will be held in the approved location.
b) The demonstration must be held in either the Quad area or LaFollette Field. The Quad is the outdoor area of campus bounded on the North by the Arts Terrace, on the South by the Beneficence monument, on the East by the Burkhardt Building, and on the West by the Ball Gymnasium. LaFollette Field is the field across McKinley Avenue from the LaFollette complex. |
E. Marches
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1. Students, employees, and recognized student organizations may be permitted to construct temporary structures out-of-doors in a designated area, where the structure is designed to express the students’ views or to raise public consciousness and awareness of an issue. Structures must be scheduled with the SCRO and approved by the Dean of Students at least three (3) business days prior to the construction of the structure. Approval or disapproval of a structure shall be based upon consultation with Public Safety and other events already scheduled for the area, in a content-neutral manner.
2. The designated areas for structures are: the Quad and LaFollette field. The Dean of Students shall determine the specific location of the structure within the designated area.
3. Structures are permitted for a period of ten (10) days, which includes all time used to set up and tear down the structure.
4. In addition to other restrictions on Ball State property use in this Policy, approval for a structure may be denied or revoked where the weather conditions are such as to pose a substantial threat to the health, safety or welfare of the students residing in or sheltered by the structure or where the conditions of the structure become unsanitary for any reason, and where such unsanitary conditions pose a threat to students residing or sheltered by the structure or to the Ball State community.
5. Any structure not in compliance with this Policy shall be subject to immediate removal by Ball State and the students or recognized student organizations which sponsored, constructed or participated in the use of the unauthorized structure may be subject to disciplinary action up to and including dismissal from Ball State and will be responsible for the costs associated with the structure removal.
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V. Activities Inside BSU Buildings. A. Distribution/Solicitation/Fund Raising/Sales/Commercial Activity
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1. Door to Door Distribution/Solicitation/Fund Raising/Sales/Commercial
Activity
a) This activity is prohibited within Ball State offices or residence halls, but is permitted within Ball State family housing. Activity related to voter registration is not prohibited by this Policy.
b) Occupants of offices and/or residence hall rooms may invite an individual or organization to the occupant’s office or residence hall room for distribution, solicitation, fund raising, sales or other commercial activity within the privacy of the occupant’s office or
residence hall room.
2. Other Buildings. Non-profit organizations may engage in distribution in designated areas of Ball State buildings, if such use is scheduled with the OSSU in accordance with then-existing Ball State policies. Such use may be limited to a particular time, place or manner, or to particular types of organizations in a content-neutral manner.
3. Fund raising, sales and other commercial activity is prohibited in residence halls during the three (3) calendar days preceding the Fall semester and the first Summer Session, and during the first day of the Fall Semester and first Summer Session.
4. Residence Hall Lobbies
a) Bulletin boards may be used by residents and the hall government only.
b) Printed material may be distributed only on specific tables designated for that purpose by Ball State.
c) Commercial activity in the lobby area is permitted only if it is a (1) demonstration of goods or services sponsored by the hall government that does not involve sales or (2) fund raising activity of the hall government and otherwise complies with this Policy. |
B. Demonstrations.
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1. Students, employees, and recognized student organizations may be granted permission to hold a demonstration within a specified area of the following buildings: Student Center, Emens Auditorium, or Pruis Hall, subject to availability and any fees uniformly required.
2. Demonstrations inside designated Ball State buildings shall be scheduled at least three (3) business days prior to the demonstration, and must be approved by the Dean of Students. Approval or disapproval of a demonstration shall
be based upon consultation with Public Safety and other events already scheduled for the area, in a content-neutral manner. |
VII. Obscenity.
A. Obscene speech is not protected by the federal or state constitution, and is prohibited by BSU policy. Obscene materials share the following elements:
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1. The average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to The prurient interest in sex;
2. The matter depicts or describes, in a patently offensive way, sexual conduct; and
3. The matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value. |
B. Under Indiana law (I.C. 35-49-3-1) a person who knowingly or
intentionally exhibits or distributes obscene material commits a Class A misdemeanor. However, the offense is a Class D felony if the matter depicts or describes sexual conduct involving a person who is or appears to be under sixteen years of age.