LIBERTY INSTITUTE

2001 W. Plano Parkway, Suite 1600 | Plano, Texas 75075 | 972-941-4444 | www.libertyinstitute.org

February 1, 2011

RELIGIOUS SPEECH AND EXPRESSION DURING SUPER BOWL XLV WEEKEND To Whom It May Concern:

Liberty Institute has been in contact with officials from the City of Arlington, including representatives of the Arlington Police Department and the City Attorney’s Office, regarding ministry activities to be engaged in by volunteer participants from Sports Fan Outreach International during Super Bowl XLV events. After reviewing the ministry activities, Arlington officials confirmed that the religious speech activities are constitutionally protected and entirely permissible.

Religious Speech and the Distribution of Free Religious Literature is Permitted

Sharing the Gospel and distributing religious tracts are constitutionally-protected religious speech. Police may not prohibit volunteers from sharing the Gospel or distributing religious literature while on public streets, sidewalks, and parks. Religious speech and the distribution of religious literature are more highly protected than commercial speech. Recognizing this distinction, the City of Arlington created “clean zones,” in which the “outdoor sale or distribution of merchandise (used in its broadest sense and shall include commercial property of every kind)…” is prohibited. City of Arlington Clean Zone Ordinance (II)(2). This ordinance does not apply to religious speech, including sharing the Gospel and distributing free religious tracts. Only commercial speech may legally be restricted in the “clean zone.” Religious speech is protected by the U.S. Constitution and the City of Arlington’s ordinance.

Road and Sidewalk Closures around the Stadium

Certain roads and sidewalks surrounding the stadium will be closed during Super Bowl weekend. The City will erect 8-foot high security fences; admission beyond the fences will be by ticket only. The Road Closure Map (attached as Exhibit A) details the dates and locations of the closures. Additionally, the following will be open: the right-of-way and the sidewalks on the West side of Collins Street and the North side of Randol Mill Road. The following will be closed: the East side of Legends Way between Randol Mill Road and Cowboys Way and the South side of Cowboys Way between Collins and approximately Legends Way. This information is subject to change depending on public safety needs.

Sound Amplification Is Permitted Outside of Parks

The use of sound amplification equipment is allowed on public property within the City of Arlington, except in public parks, so long as the amplified sound is “reasonable.” City of Arlington Nuisance Ordinance § 2.03(M); Tex. Penal Code § 42.01(5).

Holding Signs is Permitted

The City Attorney’s Office and the Community and Development Planning Department confirmed that volunteer participants may hold or wear signs with religious messages. However, volunteer participants must be careful not to block the flow of pedestrian or vehicular traffic. Additionally, the signs must be held or worn and cannot be affixed to any object, nor may they be left unattended.

SFOI Guidance Letter February 1, 2011—Page 2

Government Officials Can Be Individually Liable For Violating the Law

Police officers and other governmental officials should be aware that if they violate the constitutional rights of individuals—such as the right to the free exercise of religion and the right to free speech—and these rights are clearly established in the law, then the police officers or government officials can be held personally liable for violating such rights.

If you have any questions regarding protected activities during the Super Bowl events, please contact Kathleen Weisskopt of the Arlington City Attorney’s Office at (817) 459-6878. If any problems arise, please dial 911 and ask to speak to a police supervisor or an on-scene supervisor. Very truly yours, Jeffrey C. Mateer Jeffrey C. Mateer General Counsel

EXHIBIT A