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Right
to Gather Signatures at Malls Is Crystal Clear
The right to solicit
signatures is stated clearly by the Secretary of
State in a Memorandum dated August 30, 2001.
There is no new law revealed in the Memorandum,
just a recitation of what everyone knows to be
the law. In a section titled,
“Solicitation of Signatures in Public
Places,” it says: “Both the United States
and Massachusetts Constitutions protect the right
to solicit signatures on ballot question
petitions in a reasonable and unobtrusive manner
in open public areas. This includes the public
areas of municipal property as well as the common
areas of privately owned shopping centers.
Distribution of printed material in connection
with signature solicitation is also protected.
The right of signature solicitation (along with
other free-speech activities) on municipal
sidewalks, in parks and in similar open public
areas is clear.” Inasmuch as the law is clear in this regard, many lawyers find it difficult to believe that the Worcester Police Department does not know what the law is.
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