December 2021 - Parks & Recreation - 32

LAW REVIEW
In the opinion of the federal district
court, Plaintiffs had failed to establish
that the City favored the message of the
Black Lives Matter protesters.
encourage arbitrary and discriminatory
enforcement.
While " a law must provide explicit
standards, " the court noted,
" it need not achieve meticulous
specificity, which would come at
the cost of flexibility and reasonable
breadth " :
The touchstone
of the first
prong, the notice prong, is whether
the statute [or this emergency
order], either standing alone or
as construed, made it reasonably
clear at the relevant time that the
defendant's conduct was criminal,
while the arbitrary enforcement
prong requires that a statute give
minimal guidelines to law enforcement
authorities.
Plaintiffs had argued that EEO
ually going to City Hall Park. " As
a result, the court concluded " the
order could not be enforced against
those other park goers. "
Moreover, in the opinion of
the federal district court, Plaintiffs
had failed to establish that
the City favored the message of
the BLM protesters. Given " tens
of thousands engaged in
street
demonstrations in New York City
on a near daily basis, " the court
found the Mayor's statements in
connection with the BLM protests
" may reasonably be construed as
acquiescing to the inevitability of
the protests, rather than actively
'encouraging' protests. "
Under such circumstances, the
court found " public officials needed
to have the flexibility to determine
how to enforce the gathering
restrictions, and to determine the
circumstance under which arrest
32 Parks & Recreation | DECEMBER 2 0 2 1
may or may not be appropriate. "
Since the circumstances surrounding
Plaintiffs' arrest and the BLM
protests were " drastically different, "
the court rejected Plaintiffs'
claim that the evidence supported
" a finding of content discrimination "
as applied to Plaintiffs.
Void for Vagueness
Doctrine
Plaintiffs also had claimed EEO
103 was " void for vagueness, and
therefore, violates the due process
clause of the Fourteenth Amendment. "
As defined by the federal
district
court, the " void-forvagueness
doctrine " requires a penal
statute to clearly define a criminal
offense as follows:
(1) with sufficient definiteness
that ordinary people can understand
what conduct is prohibited
and (2) in a manner that does not
| PARK S ANDRECRE AT ION . OR G
103 was void for vagueness because
the emergency executive
order " does not define the term
'non-essential gatherings,' leaving
members of the public with no
guidance as to what conduct the
order proscribes. "
Since EEO 103 provided an exemption
for " essential business or
entity providing essential services
or functions, " Plaintiffs claimed " a
reasonable person might think that
a protest falls within the definition
of 'essential,' given the ordinary
meaning of the word and the importance
of the right to protest and
assemble. " Moreover, Plaintiffs argued
the lack of any definition for
" non-essential gatherings " allowed
the City " to engage in a standardless
sweep with the instant arrests,
while not arresting the other park
goers that day or individuals who
attended the BLM protests. " The

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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