December 2021 - Parks & Recreation - 33

federal district court found these arguments " unpersuasive " :
By
Plaintiffs' own admission, the very purpose of their
gathering was to protest, among other pandemic-related
responses, the portion of the emergency executive orders
that prohibit " non-essential " gatherings. And as Plaintiffs
also allege, prior to arresting Plaintiffs, Defendants
played a recording for five minutes that explicitly warned
Plaintiffs that they were engaging in a " non-essential
gathering, " and that they would be subject to arrest if
they failed to disperse.
Within the context of the " void for vagueness doctrine, "
the federal district court further determined
" EEO 103 satisfies both the notice and arbitrary enforcement
prongs " :
Regarding the notice prong, as Plaintiffs acknowledge,
EEO 103 incorporates the definition of " essential business
or entity providing essential services or functions " in
Executive Order 202.6 issued by the Governor on March
18, 2020. Contrary to Plaintiffs' assertion, a person of
reasonable intelligence would know that anything not
identified as " essential " was " non-essential. "
Accordingly, since protests were not included within
the meaning of " essential, " the court held " a reasonable
person " would have noticed and " [understood]
that the activity was 'non-essential,' and therefore, proscribed
by EEO 103. " In addition, the federal district
court found " these definitions provide law enforcement
authorities with the minimal guidelines necessary to
satisfy the arbitrary enforcement prong. " As a result,
the court held " Plaintiffs' void-for-vagueness claims
fail as a matter of law. "
Conclusion
Given the substantial relationship between EEO 103
and governmental efforts to address the significant
COVID-19 threat to public health, the federal district
court found Plaintiffs had failed to allege sufficient facts
that might establish a violation of their First Amendment
rights at the time of their arrest during the park
protest. As a result, the federal district court ordered
" all of Plaintiffs' claims must be dismissed. "
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.edu).
Law review articles archive (1982 to present):
mason.gmu.edu/~jkozlows.
PARK S ANDRECRE AT ION . OR G | DECEMBER 2 0 2 1
| Parks & Recreation
33
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For more information, visit nrpa.org/Give, email us at
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http://www.nrpa.org/Give http://mason.gmu.edu/~jkozlows

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