• Use of profanity or unacceptable language of any type
• Possession of illegal or unauthorized items inside the Idaho Center
• Failure to obey or follow Idaho Center smoking policies. (All buildings are non-smoking facilities)
• Use of illegal substances or drugs
• Public drunkenness
• Participating in a fight
• Entering, attempting to enter or cross over any "Off-Limits" areas such as playing surface, stage area, barricade, back stage or restroom of the opposite sex
• Verbally abusing, threatening or intimidating other guests or arena employees
• The throwing of any objects or projectiles in seating areas, from bleachers, stairwells or any other areas

• Food or beverage
• Cans, bottles, coolers or other similar containers
• Cameras, video cameras or audio recorders
• Laser pens or laser products
• Air horns or noise makers
• Balloons
• Lawn chairs, umbrellas (see F.A.Q.)
• Weapons of any kind, including sharp spikes and long chains
• Backpacks

This policy is being implemented by the City of Nampa, doing business as the Idaho Center, in an effort to comply with the preliminary injunction ordered by the United States District Court for the District of Idaho, in the case of Citizens to Repeal Idaho's Right to Work Law, Inc. v. Nampa Urban Renewal Agency, case no. CIV 04-174-S-BLW (the "Order"). The implementation of this policy is not meant to concede that the parking lots, walkways, and grounds of the Idaho Center are public fora. This policy seeks to apply reasonable time, place, and manner restrictions to petitioning, free speech, and other forms of expression under the First Amendment, as provided for by the Order.

General Rules and Definitions

1. All persons engaged in First Amendment activities on the Idaho Center grounds are expected to comply with this policy.
2. "First Amendment activities" are defined to mean the "conduct by a speaker which has purpose that is constitutionally protected, including the distribution and dissemination of expressive, non-commercial, material" and "petitioning," which is defined below.
3. "Petitioning" is defined to mean "any conduct by which a petitioner or petition signature-gatherer obtains signatures for any petition which has been duly filed."
4. "Commercial activity" is defined to mean "the solicitation of money or other contributions, other than political contributions, or distributing commercial advertising or promotional material or any kind, or offering samples of items which are or will be sold, available for sale, or available in exchange for a donation or contribution, or engaging in any activity for economic gain or motive."
5. "Late Arriving Persons" is defined to mean "those persons who intend to engage in First Amendment activities but arrive after the call for open doors" as referred to in Section A, ¶¶ 5-7, below.
6. Idaho Center: The term "Idaho Center" as used herein is defined to mean a 117 acre multi-use complex made up of various structures, open paved and grassed areas Idaho Center Boulevardwhose primary use is designed for the generation of revenue through the contracted rental of the facilities and venues. The complex is generally bounded by on West; Idaho Northern Pacific Railroad tracks on the North; Idaho Cold Storage facility on the East; and to the South by the extension of Treasure Valley Way, Idaho Equine hospital, Premiere Business Park, and The Hampton Inn.
7. Sports Complex: The term "Sports Complex" as used herein is defined to mean a multi-purpose covered structure which is principally designed for the generation of revenue resulting from rental for primarily participation events of Track and Field and equestrian events.
8. Amphitheater: The term "Amphitheater" as used herein is defined to mean an open multi-purpose grassed theatre which is principally designed for the generation of revenue through rental to various private or professional entities.
9. Indoor Arena: The term "Indoor Arena" as used herein is defined to mean enclosed multi-purpose building designed for the generation of revenue. The building is capable of housing a variety of Events from dinners to trade shows to sporting events and large concerts
10. Open paved and grassed areas: The term "Open paved and grassed areas" as used herein is defined to mean those prepared surface areas throughout the Idaho Center property that have been designed and prepared for the generation of revenue through contract rental. Paved and grassed areas are principally utilized for equestrian events, large parking lot sized sales, and parking of vehicles.
11. Islands: The term "Islands" as used herein is defined to mean those small architectural green (environmental) zones that provide points of demarcation between or among some of the "open paved areas".
12. Idaho Center First Amendment Policy: The term "Idaho Center First Amendment Policy" as used herein, is defined to mean the policy adopted by Idaho Center officials which contains reasonable time, place, and manner restrictions placed upon First Amendment activities on Idaho Center grounds, provided that in the event of an inconsistency between any provision of the Idaho Center First Amendment Policy and this Consent Judgment, the Consent Judgment shall prevail.
13. Event: The term "Event" as used herein is defined to mean a scheduled revenue-generating activity or revenue-generating use of any part or all of the Idaho Center that results from a negotiated contract by a lessee.
14. Perimeter Fencing: The term "Perimeter Fencing" as used herein is defined to mean the outer most portion of fencing otherwise used for Event crowd control.
15. Locations or First Amendment Activity Zones: The terms "Locations" and "First Amendment Activity Zones" as used herein are defined to mean the places which the Idaho Center, through this Stipulated Consent Judgment and the negotiations of the parties, has designated for the exercise of First Amendment activities on Idaho Center property.
16. The management of the Idaho Center reserves the right to place a sign or signs in the areas adjacent to the designated First Amendment Zone stating that the activities in which the speaker is engaging are not sanctioned, condoned, or endorsed by the management of the Idaho Center, by any governmental entity, or by the lessee of the Idaho Center, if any.
17. First Amendment activities shall take place in the time, areas and manner described below.
18. Commercial activities are not permitted and are expressly prohibited at the Idaho Center unless (1) conducted by a party leasing the facility or (2) authorized and permitted at the discretion of Management of the Idaho Center or the lessee of the Idaho Center for a specific event.

A.   TIME RESTRICTIONS FOR FIRST AMENDMENT ACTIVITIES

1. First Amendment activities may occur when the Idaho Center facilities are leased to third parties and when the Idaho Center facilities are open to the public for ticket purchases. Because of security, safety, and cost concerns, First Amendment activities are not permitted at any other times.
2. Subject to Sections 2(a) and 2(b), persons intending to engage in First Amendment activities at the Idaho Center may contact the Management of the Idaho Center in order to reserve a First Amendment Activity zone, which will be assigned as referenced in Section A ¶ 3 below. Management must be contacted no less than twenty-four (24) hours in advance of the event or twenty-four (24) hours in advance of the day upon which the person(s) intend to engage in the First Amendment activity. No advance reservations shall be allowed and accepted more than thirty (30) days before an Event.
1. No more than six (6) persons from a particular organization shall be allowed to make advance reservations for any one particular Event.
2. No one particular organization shall be allowed to make advance reservations for more than two (2) persons in any of the "islands" which are designated on the Attached Map. No particular organization shall be allowed to make advance reservations for more than three (3) person in any of the other designated locations.
3. First Amendment activity zones will be assigned to persons intending to engage in First Amendment activities on a first-come, first serve basis, based upon the date when the persons contact Management of the Idaho Center as referenced in Section A, ¶ 2, above.
1. Remaining, non-reserved spaces shall be assigned on a first-come, first served basis to persons present at the Idaho Center at least one hour prior to the specific event, in accord with this policy as referenced in Section A ¶ 5 below. No persons seeking remaining non-reserved spaces shall be permitted to seek first-come, first served, spaces more than two (2) hours prior to a specific Event.
2. Persons seeking remaining non-reserved spaces, who arrive at the Idaho Center later than one hour prior to a specific event, shall be reasonably accommodated in accord with Section A ¶¶ 6 and 7 below, to the extent that available spaces still remain in the designated activity zones.
4. Upon arrival at the Idaho Center, all persons intending to engage in First Amendment activities shall contact security or the management of the Idaho Center and will be directed to the location of the First Amendment activity zones.
5. All persons intending to engage in First Amendment activities at the Idaho Center for a specific event are expected to be present at the call for open doors for that event in order to maintain the priority referenced in Section A, ¶ 3, above.
6. All persons intending to engage in First Amendment activities at the Idaho Center for a specific event should contact Management of the Idaho Center to determine when the call for open doors will occur for a particular event.
7. Because of staffing, security, and traffic control issues, among other things, persons who intend to engage in First Amendment activities but arrive after the call for open doors, which normally occurs one hour before an event, will not be guaranteed the ability to engage in First Amendment activities in the First Amendment activity zones. Late Arriving Persons may be required to wait until staffing, security, and traffic control issues allow Management of the Idaho Center to assist the late arriving persons.
8. Late Arriving Persons who intend to engage in First Amendment activities may engage in First Amendment activities on the public sidewalk on Idaho Center Boulevard, if the Late Arriving Persons do not wish to wait for the assistance of Management of the Idaho Center, as referenced in Section A, ¶ 7, above. It should be noted, however, that the Idaho Center does not have control over the public sidewalk on Idaho Center Boulevard, so persons using the same for First Amendment Activities are advised to consult whatever ordinances, statutes, or other laws or policies control activities on that sidewalk.
9. If Management of the Idaho Center determines that a sign up sheet is necessary in order to ensure compliance with the Order, or if competition among persons or entities requesting access to engage in First Amendment activities requires a sign up sheet, Management of the Idaho Center will administer the same.

B.   PLACE RESTRICTIONS FOR FIRST AMENDMENT ACTIVITIES

1. The Management of the Idaho Center has designated First Amendment activity zones on the Idaho Center grounds. The Map attached as Exhibit "A" to this Policy notes the locations of the First Amendment activity zones.
2. In selecting these First Amendment activity zones, the Management of the Idaho Center has considered the size and physical design of the Idaho Center, the safety of the public and the patrons of the Idaho Center, traffic control, the security needs of the Idaho Center, crowd control, the need for the Idaho Center to limit litter, along with the nature of the Idaho Center and its commercial operations and the regular events which might impact and/or be impacted by the First Amendment activities.
3. In selecting these First Amendment activity zones, the Management of the Idaho Center has not considered the content of any message or First Amendment activity.
4. In the event that the First Amendment activity zones are leased as part of an event at the Idaho Center, the Management of the Idaho Center will locate other alternative First Amendment activity zones for that specific event, provided that the criteria in Section B, ¶ 2, can be met.

C.   MANNER RESTRICTIONS FOR FIRST AMENDMENT ACTIVITIES

1. No First Amendment activities are permitted inside the facilities of the Idaho Center unless the person(s) or entity engaged in the First Amendment activities has leased the facility of the Idaho Center or is expressly invited and authorized by the lessee or the Management of the Idaho Center.
2. The City of Nampa and Idaho Center will not discriminate against lessees of the facility based upon the content of the message of the lessee.
3. The City of Nampa and Idaho Center will not discriminate against persons or entities engaged in First Amendment activities based upon the content of the message.
4. Persons and entities engaged in First Amendment activities are required to conform their conduct to the standards contained in this policy, including the following:
1. Behavior contrary to the First Amendment activity or this policy will not be tolerated.
2. Persons and entities engaged in First Amendment activities shall not yell, scream, or create any disturbance which negatively impacts the public, patrons of Idaho Center events, lessees, or others. Prohibited activities include, but are not limited to:
1. Physically threatening or confronting any person;
2. Fighting or engaging in tumultuous behavior;
3. Engaging in behavior likely to provoke a disturbance or embroiling or likely to embroil others in open conflict;
4. Engaging in behavior likely to disturb or disrupt an event at the Idaho Center or the purpose of a leasehold;
5. Engaging in First Amendment activities for the purpose of disturbing the public peace.
3. Littering is not permitted on or around the Idaho Center. Persons and entities engaged in First Amendment activities shall not throw or discard garbage of any kind except in designated trash receptacles.
4. Because of the environmental impact and associated costs, leafleting or "papering" of vehicles in the Idaho Center parking lot is not permitted unless done by a lessee of the facility with the express authorization and permission of the Management of the Idaho Center.
5. Persons and entities engaged in First Amendment activities are responsible for ensuring that the First Amendment activity zone and the areas surrounding it are clean, neat, and free of trash and refuse related to the First Amendment activity.
6. Persons and entities engaged in First Amendment activities are responsible for cleaning up any and all debris or trash caused by the First Amendment activity, including picking up and properly disposing of leaflets, handbills, and fliers in and adjacent to the First Amendment activity zones.
7. Persons and entities whose exercise of First Amendment activities at the Idaho Center cause additional costs to the Idaho Center because of debris, trash, improperly disposed of items, improper leafleting or "papering" of vehicles, or other activities shall be responsible for the additional costs to the Idaho Center.
8. Persons and entities engaged in First Amendment activities shall not disrupt or disturb the flow of vehicle or pedestrian traffic.
9. Persons and entities engaging in First Amendment activities are permitted to do so only in the places identified in this policy.
5. Management of the Idaho Center reserves the right to expel and/or exclude any user, visitor, patron, person, or entity engaged in First Amendment activities, who fails to follow these rules and standards of conduct.
6. Persons and entities engaging in First Amendment activities are permitted to utilize signs, placards, or other visual materials as part of their expression of free speech only if:
1. the sign, placard, or other visual material does not exceed the size of two feet (2') by two feet (2');
2. the sign, placard, or other visual material does not adversely impact other persons and/or entities ability to engage in First Amendment activities;
3. the sign, placard, or other visual material is not likely to provoke a disturbance or likely to embroil others in open conflict or to disturb or disrupt an event at the Idaho Center or the purpose of a leasehold; this can be determined by whether the person holds the sign, placard, or other visual material so as to unreasonably interfere with any patron, person, or member of the public or to unreasonably prevent others from viewing or participating in the event;
4. the sign, placard, or other visual material is carried by the person and not placed on the Idaho Center grounds, except as allowed by ¶ 8, below.
7. Subject to approval by Management of the Idaho Center, which will not be unreasonably withheld, persons and entities engaged in First Amendment activities may provide a table and chairs in the designated First Amendment activity zones.
8. Persons and entities engaged in First Amendment activities may attach or pin a sign to the table referred to in ¶ 7, above, which informs the public, patrons, or visitors of the nature of the First Amendment activity. Each petitioner may have one sign, poster, or placard attached to the front of the table. No additional signs, posters, or placards may be attached to the ends of the table or from the chairs or otherwise posted.
9. The number of persons who may engage in First Amendment activities related to any event is limited to six (6) persons for all First Amendment activity zones, except those activity zones which are denoted as "W-1 through W-5" on the attached Map which shall be reserved for no more than three (3) persons at a time.
1. Because of security and staffing considerations, the aggregate number of persons who will be allowed to engage in First Amendment activities on the Idaho Center grounds, at any one time, will not exceed twenty (20) during events at the Idaho Center indoor arena, fifteen (15) during events at the Idaho Center amphitheater, and eight (8)during events at the Idaho Center sports complex.
2. If there are overlapping events, with at least one event occurring at the Idaho Center sports complex, the aggregate number of persons allowed will be twenty-eight (28), unless overlapping events are occurring at the Idaho Center amphitheater and sports complex, in which case the aggregate number of persons allowed will be twenty-three (23).
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