Law Review

Urban Parks’ Tradition of Firearm Regulation

In the case of Antonyuk v. Chiumento, the United States Court of Appeals for the Second Circuit had to determine whether a public parks provision in the newly enacted New York Concealed Carry Improvement Act violated the Second Amendment.

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Fired Parks Worker Claims Racial Discrimination

In the case of Achee v. Inc. Village of Valley Stream, Plaintiff Jahbaree Achee sued his former employer, alleging a hostile work environment, discrimination and retaliation.

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Community Opposition to Cell Tower Lease in City Park

In the case of Vertical Bridge Development, LLC v. Brawley City Council, Plaintiff Vertical Bridge challenged Defendant City of Brawley, California, decision to deny permission to construct a telecommunications cell tower in a city-owned park.

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‘Dangerous Condition’ Security Liability for Park Shooting?

In the case of Summerfield v. City of Inglewood, Plaintiffs Dwight and Patricia Summerfield filed a wrongful death action against the Defendant City of Inglewood, alleging the City’s negligence had caused the death of their son.

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Premises Liability Requires Unreasonably Dangerous Condition

The cases of City of Barbourville v. Hoskins and McGuire v. New Orleans City Park Improvement Association indicate liability is generally the exception rather than the rule for public parks and recreation.

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Uncertain Firearm Tradition in Nation’s Parks

The United States Supreme Court held the Second Amendment would require the government to demonstrate the firearm regulation is “consistent with the Nation’s historical tradition of firearm regulation” in the case of New York State Rifle and Pistol Association v. Bruen.

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Historical Tradition of Firearm Regulation in Public Parks

The U.S. Supreme Court held a New York statute requiring a showing of a special need to obtain a license to carry firearms was unconstitutional in the case of New York State Rifle and Pistol Association v. Bruen.

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Supreme Court ‘Wetlands’ Standard Under Clean Water Act

In the case of Sackett v. EPA, the U.S. Supreme Court determined the proper test for deciding what type of wetlands were subject to regulation under the Clean Water Act.

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Disorganized Lifeguard Response in Lake Drowning

In the case of Yarborough v. City of Springfield, Mary Yarborough brought a wrongful death lawsuit against the City of Springfield after her son drowned at a public beach.

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Concrete Bench Adjacent to Pickleball Court

In the case of Burzenski v. Town of Branford, the Connecticut state court considered claims of negligence and nuisance liability under state law following a fall on a pickleball court located in a municipal park.

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Park Permits for Sound Amplification and Religious Events

In the case of Stewart v. City & County of San Francisco, California, Plaintiffs challenged the constitutionality of a regulation that required a park permit for religious events and sound amplification.

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Does History Justify ‘Gun-Free’ Public Park Resources?

In the case of Siegel v. Platkin, licensed gun carriers challenged provisions in a recently enacted New Jersey statute that added “sensitive place” designations to include public park and recreation resources.

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‘Philly Jesus’ Handcuffed at Love Park Christmas Festival

A detailed analysis of the case of Grant v. City of Philadelphia.

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‘Black Lives Matter’ Murals Stir Constitutional Controversy

Plaintiffs file a lawsuit alleging a city policy violated their rights secured by the First Amendment.

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Bicycle Trail Alternative to Historic Bridge Demolition

In this featured court case, plaintiffs filed a complaint in federal district court seeking to enjoin demolition of the Governor Harry W. Nice Memorial Bridge.

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‘Anti-Gay’ Singer Issued Park Trespass Warning

In the case of Watkins v. Sullivan, Plaintiff Eric Watkins brought a federal civil rights Section 1983 claim against Defendant Sandy Sullivan, a park employee in Fort Lauderdale, Florida.

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Constitutionality of Filmmaking Regulations in National Parks

In the case of Price v. Garland, Plaintiff Gordon Price claimed a National Park Service permit-and-fee requirement was “facially unconstitutional under the First Amendment to the Constitution of the United States.”

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Environmental Review of Chicago Park Obama Center

In the case of Protect Our Parks, Inc. v. Buttigieg, an organization representing a group of residents continued their opposition to the construction of the Obama Presidential Center in historic Jackson Park on Chicago’s South Side.

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Soccer Camp Game Segregated Youth by Race and Ethnicity

In the case of Viau v. City of Troy, plaintiff Tennille Viau filed a federal civil rights complaint on behalf of her child, “K.V.,” against the defendants who jointly administered a summer soccer camp with the city.

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Retaliation After Gender Discrimination Claim

In the case of Davis v. Metropolitan Government of Nashville and Davidson County, Plaintiff claimed her supervisor retaliated against her after she filed a gender discrimination claim against him.

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Recreational Use Immunity for Dangerous Sledding Hill

In the case of Storm v. City of Brookings, the Defendant City of Brookings, South Dakota, raised the state recreational use statute as a defense against negligence liability.

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Youth Soccer Coach Arrest and Police Immunity

In the case of Moore v. Gibson, Plaintiff Moore claimed Defendant Officer Gibson had engaged in “malicious prosecution and abuse of power.”

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Park District Age Discrimination Claim

In the case of Steele v. Fox Valley Park District, a plaintiff alleges age discrimination forced her to resign from her employment with Defendant Fox Valley Park District.

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Forest Preserve Gun Ban Second Amendment Challenge

This month’s highlighted legal case focuses on the Illinois Firearm Concealed Carry Act.

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Confederate Flag Removed From City Christmas Parade

In the case of <i>Sons of the Southern Cross v. Hurst</i>, a Confederate heritage organization claimed an “American flags only” rule for a parade had violated its First Amendment rights.

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Service Dog Beach Ban ADA Claim

Examine the federal district court’s decision in the case of Silva v. Lee County.

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Youth Baseball Disability Discrimination Claim

In the case of P.M. v. City of Winfield, the Plaintiff brought a lawsuit alleging a violation of Title II of the Americans with Disabilities Act.

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Public Golf Course Volunteers Make Minimum Wage Claim

In the case, Adams v. Palm Beach County, Plaintiffs allege they are entitled to minimum wage payments under state and federal law.

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COVID-19 Emergency Executive Order Leads to Protestor Arrests in Park

In the case of Butler v. City of New York, Plaintiffs alleged their constitutional rights were violated when they were arrested at a protest in a city park.

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Ordinance Prohibits Public Female Toplessness

In the case of Eline v. Town of Ocean City, an ordinance prohibiting female toplessness was challenged by five women.

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Parkland Sale Contract for Shopping Center

In the case of Immel v. Tulsa Public Facilities Authority, the plaintiffs claimed the defendants lacked the legal authority to sell a parcel of land because it was held in a public trust.

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Terminated Parks Employee Brings Retaliation Claim

Learn the details related to Swint v. City of Carrollton.

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Standing to Challenge Obama Center in Chicago Park

Learn the details related to <i>Protect Our Parks, Inc. v. Chicago Park District.</i>

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Park Homeless Encampment Closure During COVID-19 Pandemic

Learn the full details behind the case of Santa Cruz Homeless v. Bernal.

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ADA Challenge to Segregation of Program Participant

In the case of Perez v. Lake County Rowing Association, Evelyn Perez filed suit against Lake County Rowing Association and the City of Clermont, Florida, asserting a violation of the Americans with Disabilities Act.

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Environmental Review of State Park Highway Widening

In the case of Bair v. California Department of Transportation, plaintiffs allege that a proposed highway project through a state park failed to comply with the National Environmental Policy Act of 1969.

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Due Process Notice for COVID-19 Sweeps at a Homeless Encampment

An advocacy group and several people experiencing homelessness filed a class-action lawsuit against the City and County of Denver and several of their officials.

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Day Camp Suspension for Disabled Participant’s Threats

The federal district court discussed threats that prompted exclusion of an individual with intellectual disabilities from continued participation from a public recreation program in New Hampshire.

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‘Sweeps’ of Homeless Encampments in Parks During COVID-19

Take a closer look at the facts surrounding the case of Berry v. Hennepin County.

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COVID-19 Emergency Order Regulated Park Protest

In the case of Martin v. Warren, Plaintiffs petitioned the federal district court to issue a preliminary injunction declaring an Emergency Order restricting gatherings violated their First Amendment rights.

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Premises Liability for a Fall at an Ice Rink

A plaintiff alleges she sustained serious injuries as a result of a fall at an ice rink and files a lawsuit against the defendants who manage and operate the facility.

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Citizen Activism Can Preserve LWCF-Funded Park Resources

The case of Save the Park & Build the School v. National Park Service shines a spotlight on the Land and Water Conservation Fund (LWCF).

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COVID-19 Emergency Orders Restricted 'Individual Liberties'

In this month's Law Review, a number of plaintiffs bring a lawsuit in federal district court to enjoin an emergency order issued by the Governor of Maryland, defendant Larry Hogan, to slow the spread of the coronavirus.

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Park Law Enforcement Civil Rights Claims

In the case of Risse v. Porter, the plaintiff asserts a number of federal civil rights claims against the defendants, including a violation of the plaintiff's First Amendment rights.

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Informal 'Comp Time' Process Prompts Sex Discrimination Claim

In the case of Pearson v. Georgia, the plaintiff claimed her demotion was the result of sex discrimination in violation of federal civil rights law.

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NEPA Process for Deer Management at National Seashore

The U.S. Court of Appeals for the Second Circuit determines whether the National Park Service’s White-tailed Deer Management Plan for Fire Island National Seashore had complied with the National Environmental Policy Act.

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First Amendment Challenge to City Festival Ordinances

In the featured case, the plaintiffs claim the defendant City violated their First Amendment rights by applying picketing and noise ordinances to their activities.

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Reconsidering the Spectator Protection 'Baseball Rule'

In the featured case of Summer J. v. United States Baseball Federation, the 12-year-old plaintiff was seriously injured by a line drive foul ball while watching a baseball game.

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Fired Parks Employee Claims Retaliation in Violation of ADA

The federal district court hands down its decision on the case of Mullen v. Northampton Township.

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City Lifeguard Videotaped Women in Staff Changing Room

A state appeals court case determines whether the defendant, City of Bellingham, Washington, was responsible for an employee using his cellphone to videotape female employees in an aquatic center changing room.

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