Rules & Reserving Space for Expressive Activities

How to reserve space for expressive activities at WWU

As detailed below, Western’s rules and procedures indicate locations for expressive activities and prohibit activities that interfere with university operations, for example, due to the existence of pre-planned events, volume, blocking or limiting paths across campus, or threatening people’s physical safety or health. In all instances, university policies and laws that prohibit discrimination, hazing, doxing, and other unlawful actions, apply.

Areas for expressive activity

Some places on campus are appropriate locations for expressive activity. These are called “limited public forum areas.” Limited public forums are “spaces for freedom of expression and peaceable assembly as protected by the Constitution of the United States and the Washington state Constitution, subject to reasonable time, place, and manner restrictions.” WAC 516-35-001(3). These areas include, for example:

  • Red Square
  • Communications Lawn
  • PAC Plaza
  • Flag Plaza

While limited public forum areas are generally spaces for expressive activity, Western may change the location of an expressive activity if the location where it is happening is reserved or already in use for a different purpose, to address health or safety concerns, or to avoid interruptions to university operations. Western may also directly address aspects of an assembly occurring in a limited public forum area that are risks to health or safety and that disrupt university operations. Anyone engaging in expressive activity must follow instructions from university officials and emergency personnel, including law enforcement. See WAC 516-21-080, 516-35-020(3), 516-35-030 (referencing 516-24-001). 

Areas where expressive activity is not allowed

Per WAC 516-35-001(3), limited public forums do not include the following areas. Free speech or expression activities are not permitted in these locations: 

  • “Classrooms or academic buildings utilized for scheduled educational programming with the exception that nothing herein shall be read to interfere between or with the academic freedom of the instructor and enrolled students to engage in educational programs; 
  • Reservable or scheduled property subject to the provisions of WAC Chapter 516-36; 
  • Private administrative or academic offices; 
  • Lavatory or maintenance facilities; 
  • Roadways or sidewalks necessary to permit the free flow of pedestrian, vehicular, emergency responder, or maintenance traffic; or 
  • Any other university property, on a case-by-case basis, where the reasonable application of time, place, and manner restrictions render the location inappropriate for expressive activities.” 

Basic rules

Remember, unless expressive activities violate university policies or law, they are protected and allowed. This is the case even when the speech or protest includes words or actions that some find objectionable or very offensive. Examples of likely permissible expressive activity include:

  • Speaking, chanting, and singing. 
  • Chalking on the ground in Red Square or in other spaces in compliance with STN-U8650.01B.
  • Holding a sign in front of one’s person (as compared with holding a sign in front of someone else without their consent).
  • Engaging with a speaker, as to ask questions or try initiating conversation if the speaker chooses to be engaged, invites questions, etc.
  • Wearing clothing that communicates a message. 

Disruption of university operations

Actions that interfere with Western’s operations or disrupt others’ rights to engage in expressive activity are not allowed. The following are some key limits on uses of university property, including for expressive activities. For more information, students should contact the Office of Student Life, staff should contact Human Resources, and faculty should contact the Provost’s Office. 

  • Activities may not continue for longer than five calendar days from start to finish. WAC 516-35-030(4)(a)
  • Activities are limited to 7:00 a.m. to 10:00 p.m. on any day due to the residential nature of campus. WAC 516-35-030 (4)(b)
  • Activities may not obstruct or interfere with classroom activities or other educational or employment pursuits, or with recognized university activities such as ceremonies, meetings, office functions, or residence hall activities. WAC 516-24-130; 516-36-030 Examples of such disruptive behavior include:
  • Making noise that interferes with classes, students’ ability to study, employees’ ability to work, or other regular operations of the university, or noise that interferes with an event or speaker (e.g. yelling only when a speaker is speaking; using air horns or music to drown out a speaker). 
  • Blocking another person’s vision/line of sight (e.g. by holding a sign in such a way as to interfere with line of sight). 
  • Setting off alarms, turning off lights in a room, or otherwise adjusting the environment without permission of event organizers or university officials. 
  • Using laser pointers or projections on people, the ground, buildings, or other surfaces without prior approval obtained when reserving exterior space. 
  • Displacing others’ use of a space, interfering with a reservation for use of space (including exterior spaces such as Red Square), or occupying spaces that are not limited public forums without permission. 
  • Amplified sound (including bullhorns and speakers) is not allowed during regular hours of university business – from 8 a.m. to 5 p.m. Monday – Friday – when most classes are held and most employees are working and are not allowed between 10 p.m. and 7 a.m. any day due to the residential nature of campus. Advance permission by the university president, or the president’s designee, is required to use audio amplifying equipment or generate sound that disturbs the normal conduct of university operations. WAC 516-36-030
  • Activities may not obstruct or interfere with pedestrian, bicycle, or vehicle traffic. Activities may not block access to or egress from a building, room, walkway, road, etc. WAC 516-24-130; 516-36-030
  • Activities may not threaten, by statement or implication, the health or safety of others. WAC 516-24-130
  • Western’s prohibition on firearms, weapons, armor or armaments, applies. WAC 516-24-130
  • Property may not be used for commercial purposes except as specifically allowed. WAC 516-36-030
  • Setting up a tent or other shelter, staying overnight on university property (including in a vehicle, trailer, tent, or other shelter), is not allowed unless within the exceptions at WAC 516-36-030(11).
  • Any group or individual using Western property for freedom of expression and assembly must return the property to its original condition after the use. The individual or group is responsible for the costs of cleanup and the costs to repair damages to the limited public forum area and other university property that arises from use. WAC 516-35-030(6)
  • Freedom of expression and assembly activities must be conducted in compliance with applicable university policies and rules, local ordinances, and state and federal laws. WAC 516-35-030(9) University policies that apply include, but are not limited to, the Student Conduct Code (for students), policies prohibiting discrimination and illegal harassment (all), WAC 516-24-130, WAC 516-36-030, WAC 292: Ethics in Public Service (all employees), and those listed at the end of this guide.
  • Tactical face coverings and the use of disguises to conceal one’s identity are prohibited. Masking for public health reasons is allowable. WAC 516-52-020

Students engaged in expressive activities are required to heed warnings and directives from university officials and other public officials acting in the performance of their duties, or event organizers, WAC 516-21-080. When requested by university officials or other public officials acting in the performance of their duties in situations where assistance or intervention is needed, employees may be asked to identify themselves.

Required and requested notice for uses of space

Any non-university group or individual who desires to use a limited public forum area for expressive activity must submit notice of the planned use to Western’s Police Department at least five business days prior to use. Use may be permitted with less notice so long as the use does not interfere with any other function or university operations. WAC 516-35-010(1).

Given the importance of impromptu and spontaneous peaceable assembly for the purposes of expression, protest, and dissent, university groups, individuals, and affiliates are not required to provide notice before engaging in these expressive activities. WAC 516-35-040 University affiliates and university groups or individuals who engage in spontaneous expressive activity must still follow all applicable policies and laws.

While notice is not required for university individuals, affiliates, and groups, Western requests and strongly encourages providing notice to Western’s Police Department WAC 516-35-010(2) or to a student organization’s staff advisors, the Club Activities Office, the Centers for Student Access, Community, and Intercultural Engagement, or the academic department with which a student organization is affiliated. When organizers provide notice of their plans, Western staff can help organizers understand their resources and responsibilities, answer questions, and plan for any potential safety issues or event disruptions. Notice also helps in determining what space is available for the expressive activity. WAC 516-35-040

If university affiliates, or university groups or individuals, intend to set up free-standing objects or place a sound amplification or audio-visual device on university property, notice must be given as directed in WAC 516-35-030(3) and (4). Required contents of this notice are in WAC-516-010.