December 2021 - Parks & Recreation - 30

LAW REVIEW
communities believed that preventing
in-person gatherings, including
outdoor ones, was crucial to
any strategy of containment, and
courts in this District, including
this one, agreed with that assessment,
and the declining rates of
infection following the enactment
of EEO 103 validated that assessment
at the time.
The court further noted
there was " well established "
agreement among courts, as
well as much of the public that
" COVID-19 is a highly infectious
and potentially deadly disease. "
The court further noted there
was " well established " agreement
among courts, as well as much of
the public that " COVID-19 is a
highly infectious and potentially
deadly disease. " In this particular
instance, the court found " stemming
the spread of COVID-19 is
unquestionably a substantial government
interest " and " EEO 103
was enacted to protect the public
health. " As characterized by the
court, the City had enacted EEO
103 " to slow the spread of a virus
that had at that time hospitalized
and killed tens of thousands of
New Yorkers and infected hundreds
of thousands more, in less
than three months' time. "
Constitutional First
Amendment Regulation
As described by the court, " when
a regulation is content neutral, "
the following standard of judicial
review would be applied to determine
the constitutionality of a
30 Parks & Recreation | DECEMBER 2 0 2 1
governmental regulation involving
First Amendment activities:
[T]he government may
implement content-neutral
regulations to limit the time, place,
or manner of expression, whether
oral, written, or symbolized by
conduct, even in a public forum
[like a public park], so long as
the restrictions are
reasonable,
are narrowly tailored to serve a
significant governmental interest,
and leave open ample alternative
channels for communication of
the information.
The court, however, acknowledged
" narrowly tailored does not
require a regulation to be the least
restrictive or least intrusive means. "
Instead, the court would find a regulation
to be " narrowly tailored so
long as it promotes a substantial
government interest that would be
achieved less effectively absent the
regulation and is not substantially
broader than necessary. "
Further, in determining content
neutrality, the court would consider
" whether the government has
adopted a regulation of speech
because of agreement or disagreement
with the message it conveys. "
In
applying
the
applicable
analytical framework to
determine the constitutionality
of this particular emergency
executive order, the federal
district court determined " EEO
103 is narrowly tailored to serve
a significant government interest
and leaves open ample alternative
challenges for communication " :
Given the severity of the public
health crisis, the City has taken
measures that are reasonable and
narrowly tailored in temporarily
prohibiting public gatherings.
While a measure restricting all
| PARK S ANDRECRE AT ION . OR G
public group activity may not
likely be found narrowly tailored
in
ordinary times,
these times
are extraordinary. The City has
demonstrated that the scientific
and medical communities believe
that preventing in-person gatherings
is crucial to any strategy of
containment.
Moreover,
those conclusions
have only been bolstered since as
conditions improved in the city
and state while other states that
imposed less restrictive measures
saw an alarming surge in infection
rates and deaths, showing that any
progress attained may be fragile.
The court further noted: " [T]he
declining
rates of infection and
death among New Yorkers is evidence
not that the gathering ban
is overly broad, but rather that it
is effective. " In so doing, the court
rejected Plaintiffs' allegation that
" subsequent loosening of the gathering
restrictions constitutes a tacit
admission of guilt " by the City. On
the contrary, the court found " the
subsequent orders, tied to improving
infection rates across the city
and state, are evidence that EEO
103 was narrowly tailored, as the
restriction was temporary. "
Ample Communication
Alternatives
The
federal district
court also
found Plaintiffs had " ample alternative
channels for the communication
of their information, given
that they were free to express their
discontent
online, through media,
or by protesting individually. "
While
acknowledging " a single
person protesting in public is not a
perfect substitute for public group
protests, " the court
held
" these
alternatives were certainly accept

December 2021 - Parks & Recreation

Table of Contents for the Digital Edition of December 2021 - Parks & Recreation

December 2021 - Parks & Recreation - Intro
December 2021 - Parks & Recreation - Cover1
December 2021 - Parks & Recreation - Cover2
December 2021 - Parks & Recreation - 1
December 2021 - Parks & Recreation - 2
December 2021 - Parks & Recreation - 3
December 2021 - Parks & Recreation - 4
December 2021 - Parks & Recreation - 5
December 2021 - Parks & Recreation - 6
December 2021 - Parks & Recreation - 7
December 2021 - Parks & Recreation - 8
December 2021 - Parks & Recreation - 9
December 2021 - Parks & Recreation - 10
December 2021 - Parks & Recreation - 11
December 2021 - Parks & Recreation - 12
December 2021 - Parks & Recreation - 13
December 2021 - Parks & Recreation - 14
December 2021 - Parks & Recreation - 15
December 2021 - Parks & Recreation - 16
December 2021 - Parks & Recreation - 17
December 2021 - Parks & Recreation - 18
December 2021 - Parks & Recreation - 19
December 2021 - Parks & Recreation - 20
December 2021 - Parks & Recreation - 21
December 2021 - Parks & Recreation - 22
December 2021 - Parks & Recreation - 23
December 2021 - Parks & Recreation - 24
December 2021 - Parks & Recreation - 25
December 2021 - Parks & Recreation - 26
December 2021 - Parks & Recreation - 27
December 2021 - Parks & Recreation - 28
December 2021 - Parks & Recreation - 29
December 2021 - Parks & Recreation - 30
December 2021 - Parks & Recreation - 31
December 2021 - Parks & Recreation - 32
December 2021 - Parks & Recreation - 33
December 2021 - Parks & Recreation - 34
December 2021 - Parks & Recreation - 35
December 2021 - Parks & Recreation - 36
December 2021 - Parks & Recreation - 37
December 2021 - Parks & Recreation - 38
December 2021 - Parks & Recreation - 39
December 2021 - Parks & Recreation - 40
December 2021 - Parks & Recreation - 41
December 2021 - Parks & Recreation - 42
December 2021 - Parks & Recreation - 43
December 2021 - Parks & Recreation - 44
December 2021 - Parks & Recreation - 45
December 2021 - Parks & Recreation - 46
December 2021 - Parks & Recreation - 47
December 2021 - Parks & Recreation - 48
December 2021 - Parks & Recreation - 49
December 2021 - Parks & Recreation - 50
December 2021 - Parks & Recreation - 51
December 2021 - Parks & Recreation - 52
December 2021 - Parks & Recreation - 53
December 2021 - Parks & Recreation - 54
December 2021 - Parks & Recreation - 55
December 2021 - Parks & Recreation - 56
December 2021 - Parks & Recreation - Cover3
December 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com