December 2021 - Parks & Recreation - 31

According to Plaintiffs, the protestors
attempted to maintain a distance of six
feet between themselves, at all times,
and several wore face coverings.
able given their temporary nature. "
Accordingly, the court concluded
" EEO 103 was far from a plain,
palpable invasion of rights secured
by fundamental law " under the
First Amendment.
Viewpoint Discrimination
Further, in the opinion of the
court, EEO 103 was content
neutral " on its face " because the
emergency order made " no reference
to
particular
content. "
Plaintiffs,
however, argued the
City " failed to enforce it in a
content- and viewpoint-neutral
manner. " According to Plaintiffs,
" the discriminatory enforcement
of EEO 103 was based solely on
the content of the message of
their protest, i.e., that they were
critical of the manner in which
Defendants responded to the
COVID-19 pandemic. " Moreover,
Plaintiffs claimed viewpoint
discrimination was clearly evident
because the City " did not
enforce EEO 103 against other
individuals who were at the park,
such as those standing around a
nearby fountain or walking their
dogs, while the protest occurred. "
In response,
the
City
argued
Plaintiffs had failed to allege that
" the other park goers were engaged
in prohibited non-essential gatherings "
on the day Plaintiffs were
arrested. In so doing, the City emphasized
" EEO 103 bars individuals
from congregating regardless
of the content expressed at their
gathering. "
Plaintiffs
also
asserted
" the
discriminatory enforcement was
even more blatant given the approach
taken by Defendants
against significantly larger groups
that participated in the various
protests in the days following the
tragic death of George Floyd. "
In particular, Plaintiffs pointed
to " statements by the Mayor in
response to the Black Lives Matter
(BLM) protests. " According
to Plaintiffs, " the only explanation
for the alleged difference in
enforcement of EEO 103 against
the individuals protesting the
murder of George Floyd and the
Plaintiffs protesting Defendants'
response to the pandemic is that
Defendants favored the former
while abhorring the latter. "
In response, the City argued the
BLM protests " bore no similarity
to Plaintiffs' gathering " because
" the BLM protests involved huge
numbers of people. " Accordingly,
" from a law enforcement, public
safety, or public health perspective, "
the City maintained
the BLM protests " could not be
handled in the same manner in
which Plaintiffs'
addressed. "
gathering was
Selective Enforcement?
As noted by the federal district
court, Plaintiffs had acknowledged
" EEO 103 is content neutral on
its face. " The question before the
court was, therefore, whether EEO
103 was selectively applied in a
manner which deprived Plaintiffs
of their First Amendment rights.
In this particular instance, the
court found the other park goers
present
during
Plaintiffs'
arrest
were " unassociated " and, therefore,
not " gathering together in violation
of the ban on non-essential
gatherings. " On the contrary, the
court noted: " Nothing about EEO
103 prevented people from individPARK
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31

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
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