January 2023 - Parks & Recreation - 32

LAW REVIEW
The federal appeals court held Defendant
Sullivan was entitled to qualified immunity
and affirmed the district court's grant
of summary judgment in her favor.
Watkins also had contended that
" he did not need a permit to use
the pavilion's water and electrical
facilities. " According to Watkins,
he had been " told by park management
in 2011 that the pavilion and
its facilities are open for free use
by its patrons except for purposes
of an event. " Watkins further
claimed that " park management,
including Sullivan, had a 'custom
and practice' of allowing patrons
to use the pavilion's electric and
water utilities without a permit for
non-event activities. "
Assuming
park management
did have a " custom of generally
allowing non-event patrons to use
32 Parks & Recreation |
J ANUAR Y 2 0 2 3
the pavilion's utilities without a
permit, " the federal appeals court
found Watkins's conduct could still
be considered unlawful under the
circumstances:
[A] reasonable park employee in
Sullivan's position could have concluded
that Watkins's specific conduct,
especially Watkins's using a
pair of personal pliers to turn on
the pavilion's water supply, constituted
an unauthorized use of the
park's facilities.
Park Rules
Moreover, " given the pertinent
rules and regulations governing the
use of Florida's parks, " the federal
appeals court concluded:
[A] reasonable park employee in
Sullivan's place could have determined
that Sullivan acted properly
| PARK S ANDRECRE AT ION . OR G
in response to Watkins's specific
conduct: properly even if Sullivan
herself might also have been subjectively
motivated in part by unlawful
reasons.
In so doing, the appeals court
cited Fort Lauderdale, Florida,
Code of Ord. ยง 19-52 (2015),
which made it " unlawful for any
person to misuse any public property
at the public picnic areas or
to fail to comply with the regulations
pertaining to such picnic
areas. " Further, the court noted
Fort Lauderdale,
Florida, Parks
and Recreation Rules & Regulations
11.3 provided: a person who
is found violating park rules " shall
be ordered to leave " the park " for
a minimum 24-hour period. "
While " Sullivan subjectively
might also have been motivated

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