Speech-Related Activities

Speech-related activities at Nashville International Airport® (BNA®) and John C. Tune Airport® (JWN®) are prohibited without prior authorization from the Metropolitan Nashville Airport Authority (MNAA).

Applicants must submit a permit application in accordance with the MNAA's Speech Related Activities policy. Approval is subject to the Authority's discretion.

Please read the following policy to continue to the application

I. Policy and Procedure

A. Policy
No person or organization shall obstruct, delay, or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business at the Nashville International Airport ("Airport"). The application of this prohibition shall be limited to action or behavior that hinders access by others to facilities, amenities or public areas of the Airport, prevents normal and customary operations and activities at the Airport, physically blocks ingress to or egress from the terminal or any public area of the Airport, or causes delay in the flow of pedestrian or vehicular traffic, but in no event shall any attempts to engage in normal conversation or social discourse constitute a violation of these policies and regulations.

Any person or organization desiring to solicit contributions, distribute literature, picket, display signs or engage in speech making on property of the Airport in the exercise of constitutional freedoms, shall be protected in such activities in accordance with the rules and regulations hereinafter provided.

B. The regulations hereinafter set out are hereby declared to be necessary for the accomplishment of the following purposes:

To ensure that persons seeking to exercise constitutional freedoms of expression can communicate effectively with users of the Airport;
To ensure that only non-profit, charitable, political, or religious organizations are permitted to solicit funds on the Airport premises;
To ensure adequate nearby police facilities for the protection of persons exercising their constitutional freedoms;
To restrict such activities to public areas of airport premises;
To protect persons using the Airport from repeated communications or encounters which might constitute harassment or intimidation;
To ensure the free and orderly flow of pedestrian and vehicular traffic through the Airport premises;
To ensure the safety of all users of the Airport: Authority and tenant employees, invitees, contractors and suppliers, and all others authorized on Airport premises; 8. To ensure orderly and efficient accomplishment of Authority missions specified in and pursuant to Tennessee Code Annotated 42-4-101 et seq. and as part of the national air transportation and interstate commerce system; and,
To designate the areas of the airport which are available for the exercise of constitutional freedoms hereunder.

No person or organization shall distribute literature, picket, display signs or engage in organized speech-related activities on Airport property without a permit which may be obtained by submitting a written request on an application form to the Vice President, Operations (hereinafter referred to as Vice President) at least seven (7) calendar days prior to the date contemplated for commencing such activities. However, the Vice President may waive the seven (7) calendar day advance application requirement in cases where the proposed activity is to be conducted on a temporary basis only, i.e., a period of one (1) week or less, or where the Vice President finds that such delay will substantially interfere with the purpose to which the exercise of such activities is directed.

C. Application for Speech Related Activities

The Application for Speech Related Activities (F52-001) may be found on www.FlyNashville.com with the following information required in the application:

The legal name, mailing address (other than post office box number), email address, and telephone number of the person or organization sponsoring, conducting or promoting the proposed activity;
If an organization, the state of incorporation, if any;
The legal name, mailing address (other than post office box number), email address, and telephone number of the person who will have supervision of and responsibility for the proposed activity and who will act as liaison with the Airport Authority;
The maximum number of persons planning to participate in the proposed activity at any one time (the maximum allowed shall be 25 individuals);
The legal names and addresses of all persons planning to participate in the proposed activity;
Dates and hours during which the activities are proposed to be carried out;
A description of the proposed activity and the means and methods intended to be used in conducting the proposed activity;
The preferred location desired for the proposed activity;
Information on the entity(s) being represented and their contact information

During the term of any permit granted herein, if there is any change in fact, policy, or method that would alter the information provided by the registrant, the registrant shall promptly notify the Vice President, Operations who will review and re-approve the permit in accordance with this policy

All individuals participating in permitted activity under this policy must have visible printed identification on their person that identifies the organization sponsoring the approved activity and the legal name of the person bearing the identification.

D. Receipt of Application for Speech Related Activities

Upon receipt of a completed Application for Speech Related Activities Permit containing information as described in Section I, Paragraph C, the Vice President shall within five (5) days issue a Permit for Speech Related Activities (Form F52-002) via email to the applicant, or furnish the applicant with a written statement indicating why the permit is denied, applying only the limitations and regulations set forth herein. The Vice President shall exercise no judgment regarding the purpose or content of the proposed activity and shall exercise no discretion over the issuance of a permit hereunder, except as provided in these rules and regulations, it being the intent of these Rules and Regulations that the issuance of a permit by the Vice President under this paragraph shall be a routine clerical and mandatory function. Provided, that in no event shall the Vice President issue a permit for a period of time in excess of thirty (30) days. A permit may be renewed by certifying to the Vice President the continuing validity of the information submitted with the original application or by updating such information, as appropriate. A permit may only be delayed or denied for the following reasons:

A. The applicant has not fully provided the information required by Section I, Paragraph C above; or,
B. The application contains one or more statements which is not true; or,
C. At the determination of the Vice President, that emergency conditions exist at the Airport which make the registrant's proposed activity at the time and location proposed by the applicant incompatible with the operational function of the Airport. Emergency conditions shall mean unusually congested conditions due to adverse weather, schedule interruptions, extremely heavy traffic movements, or security concerns, which shall include without limitation, threats of domestic or international terrorism, threats to airport security, threats to national aviation travel, or threats to national security.

In the event that any applicant should be denied a permit hereunder, such action of the Vice President shall be subject to automatic review by the Senior Vice President and COO of the Authority or designee within ten (10) days of the date of such denial. The Senior Vice President and COO or designee shall mail the applicant written notice of the time and place at which the review will be held at least five (5) days in advance of the review date. At the review, the applicant may appear, may be represented by counsel, may cross-examine and may present evidence. If the applicant appears with council, MNAA council will be present. Upon completion of the review, the Senior Vice President and COO or designee shall affirm or reverse the action of the Vice President and shall mail the applicant written notice of the affirmation or reversal within five (5) days of the review date. If the decision of the Senior Vice President and COO or designee is adverse to the applicant, and if the applicant notifies the Senior Vice President and COO within ten (10) days that it desires a review of such decision, the Authority shall apply within five (5) days in the appropriate court in accordance with the laws of the State of Tennessee, for a judicial determination as to whether the proposed activities described in the application may be prohibited, naming the applicant as a party defendant. The Authority shall exert every reasonable effort to have the issue heard on its merit without delay and as soon as possible. The burden of showing that the proposed activities justify prohibition shall rest on the Authority. In the event that the applicant certifies in his application for a permit that, due to emergency circumstances, the permit applied for is required for such certification, the Vice President shall issue a permit within the time requested in the application. During the period of review and/or appeal, the activity sought to be conducted under the permit shall be conducted in accordance with these rules and regulations and shall not be restricted, except as otherwise provided by these rules and regulations.

If the issue for judicial determination described in above paragraph is not heard and decided on the merits by the court within ten (10) days from the date the complaint is filed, then an interim permit shall be deemed issued under these Rules and Regulations to the applicant by operation of law, and all activities proposed to be carried on in the application for the original permit may be carried on just as though a permit had been duly issued by the Vice President subject to the same restrictions and obligations under these Rules and Regulations as other permitted activities.

The interim permit shall be deemed renewed each thirty (30) day period for so long as no judicial determination has been made and from the time such determination is made until the time for appeal therefrom has expired. Should either party appeal from the judicial determination, an interim permit shall be deemed issued under this Resolution to the applicant by operation of law as of the date the notice of appeal is filed, and all activities proposed to be carried on in the application for the original permit may be carried on just as though the permit had been duly issued by the Vice President, subject to the same restrictions and obligations under these Rules and Regulations as other permitted activities. The interim permit shall be deemed renewed each thirty (30) day period and shall continue in effect as provided hereinabove until a final and binding appellate decision has been reached. If the Authority appeals an adverse judicial determination, it shall file its notice of appeal within five (5) days following said determination.

E. Speech Related Activities

The activities referred to herein shall be conducted strictly in conformity with the terms and conditions of this Policy and the permit issued by the Vice President.
The activities referred to herein shall only be conducted in or upon those designated areas of the airport pursuant to Section II.
Each permit issued by the Vice President shall specify the maximum number of persons who may participate in the proposed activity at any one time, the date(s) and time(s) during which the proposed activity may be conducted, based upon the number of other applicants then holding or pending permits, the number of participants under such permits, and the number and size of locations already in use and requested. Such area(s) shall be subject to change upon written notice to the applicant when, in the judgment of the Vice President, such change is necessary to the safe and efficient operation of the transportation functions of the Airport. In the event that more than one application for a permit is received for the same time period(s) or for overlapping time periods, the Vice President shall allocate the available space to the applicants as equitably as possible. Choice of areas available shall be afforded the applicants in accordance with the time at which their written application for a permit was received by the Vice President. In the event the applications are received for the same time period for more than two (2) persons, the Vice President shall divide available time in such a way as may be reasonably required to provide fair and equitable opportunities for all. However, the Vice President may authorize more than two (2) applicants to conduct activity during the same time period in cases where activity is of a temporary nature, i.e., to be conducted for a period of one (1) month or less, and the Vice President specifically finds that for such limited period, such activity will not unduly interfere with Airport operations.

F. Rules and Regulations

The Vice President is empowered to wholly or partially restrict a permittee's activities in the event of emergencies including, but not limited to, strikes effecting the operation of the Airport, aircraft or traffic accidents, riots or civil commotion, power failures, or other conditions tending to disrupt the normal operation of the Airport. The Vice President may further restrict such activities in non-emergency circumstances, provided however that any such restrictions shall be reasonable and appropriate and shall be prescribed only after a finding by the Vice President that the restrictions are necessary to avoid injury, or the likelihood of injury, to persons or property or to assure the safety and security of Airport facilities and the public. A copy of any such non-emergency restrictions shall be furnished to those permittees effected.
Permittee's activities shall be generally restricted as follows:
1. Permittee's activities shall be conducted strictly in accordance with the terms and conditions both specified in the permit and otherwise prescribed by the Vice President pursuant to this policy;
2. Upon each visit to the Airport for a definite period of time, each person planning to participate in permitted activity shall register with the Airport Information Desk located on the 1st level of the terminal as it is designated by the Airport Authority. Registration information shall include the person's legal name and address, the time of their visit, and the organization, if any, represented.
3. Each person engaging in permitted activity shall wear an identification card as described in paragraph (I, section C);
4. No person participating in permitted activity shall solicit any donation or engage any Airport patron to be a potential donor without first introducing himself or herself by name, identifying the full name of the organization he or she represents, and stating the purpose of the solicitation;
5. No person, while engaging in any permitted activity, shall in any way obstruct, delay or interfere with the free movement of any other person, nor shall such person seek to assail, coerce, threaten or physically disturb any other person;
6. Permittees shall not use any musical instrument, sound or voice amplifying apparatus, nor shall they engage in any group singing or chanting, nor shall they do anything which would cause reduction in the effectiveness of the public address system;
7. No person shall display or carry signs inside or outside the Terminals that are larger than three square feet, and such signs shall not be attached or connected to a stick or post of any kind. No sign shall be attached to any portion of the premises of the Airport. All signs shall be removed when permittees are not present. No person shall carry more than one sign.
No person, while engaging in permitted activity, shall sell any material whatsoever to an Airport patron, nor shall such person tender or transfer any material whatsoever to an Airport patron in return for a fixed sum of money or other specific thing of value agreed upon in advance of such tender or transfer, nor shall such person after the transfer of such material, require or demand any sum of money or other specific thing, including the time transferred, from any Airport patron.
No person, while engaging in permitted activity, shall leave any bags or other containers of written material or religious paraphernalia or other personal property unattended in any area of the Airport. Permittee shall ensure that any and all refuse generated by their activities shall immediately be deposited in the nearest container provided for that purpose and further shall ensure that the permitted location, at the end of each permitted period or daily, whichever is more frequent, is left in the same condition of cleanliness at it was found when the permitted activity began. Further, no permittee shall post, install or in any way affix any written material, paraphernalia, or other personal property to Airport premises at any time.
No person, while engaging in any permitted activity, shall in any way indicate to the public that he is a representative of Metropolitan Nashville Airport Authority or otherwise misrepresent his identity.
No person, while engaging in authorized activities, shall affix, pin, button, or attach any item, flower, pin or other article or material on, or otherwise touch, any member of the public unless first given express permission by such person to do so.
While engaging in activities authorized herein, no person shall set up or utilize any tables or chairs, nor may Airport or Airport tenant furniture be moved for such purposes.
While engaged in activities authorized herein, no person shall distribute food or beverages, or bring coolers, picnic baskets or food or beverages to the site from which such authorized activities are being conducted.
No Permittee may assign or sublet the right conveyed to it in the permit.
Any violation of the provisions of these rules and regulations by any person or organization shall cause the termination of any permit previously issued to such person or organization. In the event of such termination, the Vice President shall give notice thereof to the holder of the permit by sending an email and letter, certified mail, to the address shown on the permit, indicating the reasons for the termination. Any person or organization whose permits shall thus be terminated may request a hearing thereon before the Senior Vice President and COO provided that such request shall be made in writing and shall be filed with the Senior Vice President and COO within (10) calendar days of the sending of notice of termination. When such hearing shall be requested, the same shall be scheduled within ten (10) days and the Senior Vice President and COO shall mail to the party who requested the hearing, at the address shown on the permit, written notice of the time and place where the hearing will be held; and such notice shall be mailed at least five (5) days in advance of the hearing. At the hearing, the party requesting the hearing may appear, may be represented by counsel, may cross examine, and may present evidence. Upon completion of the hearing, the Senior Vice President and COO shall affirm, revoke, or modify the termination, and shall give written notice within five (5) days of its action to the party requesting the hearing. Any determination of the Senior Vice President and COO adverse to the holder of the permit shall be subject to appeal in accordance with the laws of the State of Tennessee.
Any violations to the terms and conditions of any granted/denied permit, or violations of law, shall be reported to the Senior Vice President and COO for referral to the Chief of Police for evaluation of reasonable and appropriate enforcement action.

II. Approved Speech Related Activity Locations:

A. Speech Related Activity locations are on the far south end of the Departure Drive, or the far north end or far south end of the Arrivals Drive at Nashville International Airport, as depicted below. Based on construction, weather conditions, or other operational reasons, the Vice President may select an alternate public facing location at the main terminal complex that may be approved for use as deemed operationally necessary.

References:

Rules and Regulations for the use of Airports and facilities for Nashville International Airport and John C. Tune Airport, Policy 24-004

Tennessee Code Annotated 42-4-101

Records & Related forms:

Form F52-001: Application for Speech Related Activities Permit

Form F52-002: Permit for Speech Related Activities

Revision History:

September 14, 1995: Original Issue

December 1, 2002: Revision 1

November 5, 2024: Updated form numbers and documents to 2024 template, notification of permit decisions, secondary review, and notification of termination of permit.