Law Review

State Playground Program Disqualified Religious Programs

In Missouri, the state’s Department of Natural Resources administers a “Scrap Tire Program,” which offers reimbursement grants to qualifying nonprofit organizations that purchase playground surfaces made from recycled tires.

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ADA Accessibility Rules for Alterations to Existing Facilities

There are two sets of rules for determining whether a public facility complies with the accessibility requirements under the Americans with Disabilities Act (ADA).

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Crash on Challenging Mountain Bike Trail

Negligence liability is more likely when one’s conduct falls below that which would generally be considered reasonable care under the circumstances.

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Criminal Background Checks for Youth Sport Coaches

Do youth sports organizations have a legal duty to conduct criminal background checks of all adults who would have contact with children involved in their programs?

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Transportation Planning Must Mitigate Park Impacts

In light of ongoing calls for increased federal spending on infrastructure projects, parks and recreation should be familiar with the regulations and administrative process associated with Section 4(f).

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Park Permit for Commercial Wedding Photos

Can a city or town’s municipal ordinance regulating commercial activity, specifically commercial photography, within its parks be a violation of expressive activity protected by the First Amendment?

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Gun Permittees Challenge Park Firearm Regulations

Who determines whether gun owning groups and individuals can legally carry firearms in parks?

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Head Shots: Just Part of the Game

Why are acts that would result in tort liability for negligence on a city street or in a backyard, not negligent in the context of a game where such an act is foreseeable and within the rules?

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Inaugural Parade Regulations Constitutional Challenge

Can National Park Service regulations restrict the areas open to expressive activity during the presidential inaugural parade in Washington, D.C.?

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Fateful Dive into ‘Closed’ Park Pond

Is the landowner liable for injuries sustained by a recreational user who dove into waters of unknown depth?

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‘Hold Harmless’ Incentive in Recreational Use Statute

In most states, recreational use statutes (RUS) have been enacted to encourage private landowners to open their land, free of charge, for public recreational use.

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Economic Development Ongoing Threat to LWCF Legacy

Political and economic pressure at the state and local level constantly threaten to divert public park and recreation resources to inappropriate nonrecreational uses.

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Rectal Syringe Procedure Unreasonable ADA Accommodation

Would requiring employees at a summer camp to administer seizure medication (Diastat) through a rectal syringe in the event of a seizure emergency be a reasonable ADA accommodation? 

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Recreational Use Statutes in State Supreme Courts

For recreational injuries in public parks and recreation, what is the scope and applicability of limited immunity under a state recreational use statute (RUS)?

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Legal Relationship Shapes AED Use Requirement

Could the failure to acquire or utilize available AED technology provide a basis for negligence liability?

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Turf Field Cancer Risk Environmental Review

Environmental review under state or federal law, as illustrated by the court opinion in he case of Sierra Club v. City and County of San Francisco, is generally more procedural than substantive.

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Governmental Immunity for Deadly Mountain Goat

Balancing resource preservation — in this case, a mountain goat — and visitor safety in Olympic National Park.

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Gun Rights Tested in Parks and Public Spaces

Jurisdictional variations in “open carry” gun laws complicate agency and employee responses to citizens openly carrying guns in park and recreation facilities.

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Physician Nixes Post-Injury Return to Football

The case of Class v. Towson University illustrates the tendency of federal courts to defer to the reasonable medical judgment of an agency’s designated physician when an “otherwise qualified” and/or “direct threat” determination for a disabled participant is based on competent and individualized medical evidence.

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Downtown Panhandling Ordinance Unconstitutional

Panhandling bans in the revitalized downtown areas in many cities and states are facing legal challenges on First Amendment grounds — case in point, the Massachusetts court case of McLaughlin v. City of Lowell.

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Park Ban on Unattended Holiday Displays

Traditional holiday displays in public parks have increasingly generated contentious constitutional law challenges.

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Transgender Discrimination in Male Locker Room

Are public recreation facilities required by law to provide separate changing areas for transgendered individuals?

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Women Busted for Bare Breasts in Public, Not Men

 Can women who choose to go topless claim protection under the First Amendment? Read on to find out. 

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Competitive Bidding Fairness in Concession Contract

 Attorney and George Mason University Professor James C. Kozlowski details the intricacies of competitive bidding fairness in a concession contract. 

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Natural Condition Immunity for Campsite Tree Injury

Can a park be held liable if, while camping, you sustain injuries from a tree falling on your tent?

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Troubled Triathlete Expelled From Recreation Program

 What does the Americans with Disabilities Act cover and how is the law applied when individuals struggling with mental health issues wish to participate in group fitness courses? 

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Public Trust Challenge to Private Park Museum

A municipality must take caution not to relinquish control of public land when entering into partnerships. 

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Lower Liability Standard for Coaches During Competition

Who is liable when a player is injured during competition, and where does the responsibility for that athlete’s health and safety after an injury lie? 

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No Liability Precedent in State Park Settlement

Liability exposure is only one of many considerations in managing public park resources.

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Park Playground Ban on Adults Unaccompanied by Children

Some parks are implementing bans on adults unaccompanied by children in an effort to provide an enhanced level of safety for young people.

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Pretrial Summary Judgment Dismisses Playground Injury Claim

Even the threat of litigation can have a major impact on what type of equipment is permitted in neighborhood parks and playgrounds.

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Residency Policy Sees Racial Discrimination Claim

What is discrimination and when does it become a civil rights issue?

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Safety Feature Practice Standard in Sport?

When is it appropriate for a high school football player to wear a helmet and mouthguard to practice, and who is responsible for making sure the athlete is in compliance with those rules?

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Bible Believers Target Arab Festival

When a group of Christian evangelists causes a disturbance at an Arab festival, what legal standing does the government have to quash their message?

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Concussion Training Lacking in Federal Civil Rights Claim

 In recent years, most jurisdictions have enacted legislation requiring sport coaches to be trained to recognize the signs of a concussion, but what happens when those symptoms are ignored and serious injury results? 

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Keep Your Eye On the Baseball Rule

We know to keep our eye out for fly and foul balls at a baseball game, but what about flying food?

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Neutral Park Curfew Ordinance Constitutional

The case of City of Cleveland v. McCardle highlights the most recent decision in of a long line of court opinions arising from the Occupy Wall Street Movement, which saw hundreds of protesters set up camps and gatherings in parks across the country.

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Leash-Law Violator Tased and Confused

When a law enforcement officer detains a leash law violator in a California park, what legal options does she have to detain him?

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Federal Flood-Control Immunity: Slippery When Wet

When a park visitor is injured at a flood-control lake, is the park protected by the Flood Control Act?

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Fingertips Removed by Playground Chain

When a child is seriously injured while using playground equipment, is the manufacturer or the park agency responsible for any damages?

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Park Administrations Back Disability ADA Claims

When employees are unable to perform to their previous levels of ability due to injury, do their employers have a case for dismissal?

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Recreational Immunity Regarding Debris in Park

Limited landowner liability and a state recreational use statute are put to the test in an Ohio park.

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National Lakeshore Neighbors Resist Tree Removal

Conservation advocates concerned about the removal of thousands of trees on national parkland butt heads with resource managers.

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Website Invitation to “Dangerous” Park

Government landowners are generally not held liable for unforeseeable criminal assaults in public parks and playgrounds.

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No Agency Liability for Independent Contractor Negligence

When an independent contractor is involved in a dispute with a park patron, what responsibility does the hiring park agency bear?

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Traditional Municipal Immunity for Community Parks

In what circumstances are public parks protected from liability through governmental immunity statutes?

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No Warning of Nuisance Bear Threat to Campers

 Are the managers of public land responsible for a bear attack that killed a young boy in Utah? 

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Park Hours Prohibited Overnight Occupation

 Are Occupiers in Sacramento permitted an exception to the park agency's closed after dark rule? 

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NEPA Review of Fracking Leases on Public Lands

 Does a southern California fracking project violate the law? 

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Administration of Emergency Seizure Medication Discontinued

A park district in Illinois decides against agreeing to administer a certain seizure medication to camp participants. Do would-be participants who now cannot join in have a case?

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