Following Allegations of Civil Rights Violations, Comstock Grants Campaigning Rights for Two Days

In anticipation of the Democratic primary tomorrow, Comstock Companies is now allowing campaigning and electioneering for two days at Reston Station Plaza after the county threatened legal recourse due to potential free speech violations.

Chris Clemente, Comstock’s CEO, told Reston Now that the company is inviting all candidates on the June 11 ballots to campaign at the plaza today and tomorrow “on their own schedules and without the need to coordinate schedules with Comstock.”

The temporary change comes after Comstock came under fire for its longstanding restrictions on soliciting, including campaigning and electioneering, at the plaza. The county says the forum qualifies as public space — even though Comstock leases the property from the county through a 99-year ground lease. Comstock disputes this claim.

Fairfax County Board of Supervisors Chairwoman Sharon Bulova lashed out against the company when she learned about the policy late last week. Bulova accused the company of favoritism and civil rights violation after she said it allowed Maggie Parker — Comstock’s vice president of communications — to post campaign signs but barred her opponents from approaching voters.

“Allowing one’s own employee to engage in such highly protected activity in a public area, while excluding other candidates from doing the same, is clearly wrong and cannot be tolerated,” Bulova said in the letter, which threatened legal action.

Parker said that she never campaigned at the plaza and purchased large advertisements from the company at the plaza and on Comstock’s building — a possibility that she said is open to all other candidates.

Ads cost between $2,000 and $3,500 per week.

Claire Gastanaga, executive director of the American Civil Liberties Union’s Virginia chapter, said the lease to the private company does not renege individual’s free speech rights.

Ray Morrogh, the county’s commonwealth’s attorney, directed the Fairfax County Police Department to decline any requests to prosecute individuals for campaigning at the train station and the plaza above it. 

“It would not be appropriate to prosecute anyone exercising their First Amendment rights in public areas,” Morrogh wrote in a May letter to the police department.

Clemente did not indicate what led to the two-day allowance for campaigning.

“Although we had hoped to provide the residents of the Hunter Mill District an opportunity to meet all the candidates in a casual setting during these last days of the campaign, we were unable to secure commitments from all candidates to participate in a coordinated event,” he said.

The debate over whether or not the plaza qualifies as a public forum was catapulted into the county spotlight after candidates running for Hunter Mill District Supervisor attempted to campaign at the plaza.

Over the past several weeks, candidates, volunteers for their campaigns, and a representative for a local advocacy group said they were kicked off the property and told to apply for permits.

Photo via Fairfax Connector