January 2023 - Parks & Recreation - 31

livan had him trespassed-warned
because she disliked the lyrics of
the song he was singing, an unlawful
reason. " Specifically, Watkins
had claimed " Sullivan told him
expressly that she disliked the song
and that she wanted him to leave
the park because of the song. "
The appeals court, however,
noted Sullivan also had " offered
evidence of an alternative lawful
basis for having Watkins trespass-warned " :
In
Sullivan's sworn affidavit,
Sullivan stated that she observed
Watkins turning on the pavilion's
water pipe using his own pair of
pliers and observed Watkins plugging
a cooking device into the pavilion's
electrical outlet. Sullivan
said Watkins had no permit or
authorization to use the pavilion's
water and electrical resources.
Similarly, in a sworn affidavit,
the appeals court found the responding
police officer in this case
had similarly stated that " Sullivan
reported that Watkins had violated
park rules by using the pavilion's
water and electricity. " As a result,
the
police
officer
had
testified
that " he issued a trespass warning
based on Watkins's unauthorized
use of the pavilion, not based on
Watkins's singing. "
Moreover,
the federal appeals
court noted Watkins had admitted
that " he used the pavilion's
water and electrical facilities that
morning. " Watkins, however, denied
" Sullivan saw him do so. " In
the opinion of the federal appeals
court, " Watkins had no (in reality,
can have no) personal knowledge
The district court dismissed Count 3 of
the complaint because Plaintiff Watkins
had failed to identify a constitutionally
inadequate appeals process to review his
trespass warning.
about what Sullivan did or did not
see on the pertinent day. "
Unauthorized Park Use
In addition, the court found Watkins
had not testified to facts that
were " inconsistent with Sullivan's
sworn statement that she observed
Watkins using the pavilion's utilities. "
On the contrary, the court
noted " Watkins's
admitted
that " happened out
use
of the pavilion's water and electricity "
in
the
open. " Further, Watkins did
not dispute or contest " Sullivan's
sworn statement that she observed
him doing so. "
PARK S ANDRECRE AT ION . OR G | J ANUAR Y 2 0 2 3
| Parks & Recreation
31

January 2023 - Parks & Recreation

Table of Contents for the Digital Edition of January 2023 - Parks & Recreation

January 2023 - Parks & Recreation - Intro
January 2023 - Parks & Recreation - Cover1
January 2023 - Parks & Recreation - Cover2
January 2023 - Parks & Recreation - 1
January 2023 - Parks & Recreation - 2
January 2023 - Parks & Recreation - 3
January 2023 - Parks & Recreation - 4
January 2023 - Parks & Recreation - 5
January 2023 - Parks & Recreation - 6
January 2023 - Parks & Recreation - 7
January 2023 - Parks & Recreation - 8
January 2023 - Parks & Recreation - 9
January 2023 - Parks & Recreation - 10
January 2023 - Parks & Recreation - 11
January 2023 - Parks & Recreation - 12
January 2023 - Parks & Recreation - 13
January 2023 - Parks & Recreation - 14
January 2023 - Parks & Recreation - 15
January 2023 - Parks & Recreation - 16
January 2023 - Parks & Recreation - 17
January 2023 - Parks & Recreation - 18
January 2023 - Parks & Recreation - 19
January 2023 - Parks & Recreation - 20
January 2023 - Parks & Recreation - 21
January 2023 - Parks & Recreation - 22
January 2023 - Parks & Recreation - 23
January 2023 - Parks & Recreation - 24
January 2023 - Parks & Recreation - 25
January 2023 - Parks & Recreation - 26
January 2023 - Parks & Recreation - 27
January 2023 - Parks & Recreation - 28
January 2023 - Parks & Recreation - 29
January 2023 - Parks & Recreation - 30
January 2023 - Parks & Recreation - 31
January 2023 - Parks & Recreation - 32
January 2023 - Parks & Recreation - 33
January 2023 - Parks & Recreation - 34
January 2023 - Parks & Recreation - 35
January 2023 - Parks & Recreation - 36
January 2023 - Parks & Recreation - 37
January 2023 - Parks & Recreation - 38
January 2023 - Parks & Recreation - 39
January 2023 - Parks & Recreation - 40
January 2023 - Parks & Recreation - 41
January 2023 - Parks & Recreation - 42
January 2023 - Parks & Recreation - 43
January 2023 - Parks & Recreation - 44
January 2023 - Parks & Recreation - 45
January 2023 - Parks & Recreation - 46
January 2023 - Parks & Recreation - 47
January 2023 - Parks & Recreation - 48
January 2023 - Parks & Recreation - 49
January 2023 - Parks & Recreation - 50
January 2023 - Parks & Recreation - 51
January 2023 - Parks & Recreation - 52
January 2023 - Parks & Recreation - 53
January 2023 - Parks & Recreation - 54
January 2023 - Parks & Recreation - 55
January 2023 - Parks & Recreation - 56
January 2023 - Parks & Recreation - Cover3
January 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
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