OKEECHOBEE – Is there a difference between government property and public property? What rights do members of the public have on government property?

Okeechobee County Commissioners struggled with those questions at their Aug. 14 meeting as they discussed the issue of protests and tables set up to gather signatures on petitions.

“We’re talking about people wanting to set up in public places,” said County Attorney Gemma Torcivia. She said case law allows reasonable restrictions as to time, place and manner of speech. “For example, they could not set up right in front of the door and block the access for other people.

“The goal is always to come up with an area that is as reasonably and safely close to the building as possible,” she added. “Designated area also depends on the size of the group. If a lot of people show up, you may have to widen the space.

“We have worked with the sheriff and with staff to define reasonable,” she continued.

Commission Chair David Hazellief said he had complaints about a group collecting signatures that set up a table in front of the Tax Collector’s building.

“Setting up in front of the building on the pavers, it has the appearance that we’re sponsoring it,” he complained.

“Government property is public property,” said Commissioner Terry Burroughs. “The public doesn’t really own this building in one instance. The taxpayers’ money bought the building. Does the public own the property. If they do own it, how do you keep them from setting up anyplace?”

“The body of case law guides us in our decisions,” explained the attorney.

“If it’s one person with a tent you can mark out an area,” she said. “It has to flex if more people show up.

In general, county staff can handle it. If there is a problem and the sheriff’s department is called, once a deputy arrives, staff defers to law enforcement.

“Reasonable restrictions are upheld within all the buildings,” she said. “We certainly can say you cannot obstruct our government. The goal is always to be as reasonably as close as possible.

“We’ve got the constitution, the statutes, case law and our interpretation,” said Sheriff Noel Stephen. “It’s been case law proven the Constitution allows lawful assembly.

“Case law allows them a space not in the back yard, somewhere in the front where they can make their point,” the sheriff continued.

“We designated an area that worked for them until the point there was some rain. There was an ant problem, and they moved to the sidewalk,” he explained. “We have to meet in the middle somewhere.

“It’s been case law proven that we need to provide a reasonable, respectful place for them to exercise their constitutional rights,” the sheriff said.

“ I don’t think we’re required to let them put a tent up,” said Hazellief.

Torcivia said county staff and the sheriff’s office can handle it. “You have professional staff who have done a very good job and excellent sheriff with excellent deputies,” she said.

“If there’s ants, then we can designate another spot,” she added.

“I feel we are doing the right thing in providing the location. I think they need to be left or right to where they can be seen by those coming and going,” said the sheriff.

“If they don’t comply with the rules, we remove them,” he continued. “But we have to set those guidelines that are fair and equitable.

Commissioner Frank DeCarlo asked about offensive language on signs.

“Holding a sign or shouting something offensive is protected speech,” said the attorney. “It’s unfortunate. I understand the frustration.”

“If someone wanted to bring a tent and it’s the summer, that’s reasonable because it rains,” said Torcivia.

“We spend too much money keeping these buildings looking good to have someone set up in front of it and it looks like a circus,” said Hazellief.

“We’re in a society now that has case law that says they can stand there as long as they are not impeding traffic. You can’t put them out of sight, out of mind,” said the sheriff. “There has to be a balance.”

“You don’t want to end up violating their right of assembly, because that is going to cost us more money than allowing them to put a tent up,” said Burroughs.

Commissioner Brad Goodbread said he is a Constitutionalist.

“Freedom is messy,” said Goodbread. “Sometimes people get offended. But I believe that if somebody wants to redress their government, as long as they do it legally without blocking access, without blocking fire access; if they want to sit in front of the tax collector’s office, even if they want to set up a small tent. If that person needs to go inside to use the restroom, I don’t think there’s a problem with that.

“People in this country have the right to come and safely redress their government whether it’s marijuana, whether the jail costs too much. Even if I do not agree with them, they have the right to be there,” said Goodbread.

“There’s not a difference between public property and government property in my opinion,” he continued. “There is a difference in public access. Joe Lunchpail can’t just walk into the jail.”

“If they want to sit out there and hold their sign. Sometimes they say something I don’t like. But that’s part of freedom being messy,” said Goodbread.