June 2023 - Parks & Recreation - 31

way by the requirement " to address
these complaints about excessive
sound volume generated
by Plaintiffs' past religious services
in the parks.
On appeal, Plaintiffs had argued
" the City should instead require
permits based on decibel levels,
rather than amplification. " In response,
the City contended " estimating
decibel levels in advance
to issue permits and enforcing the
ordinance based on decibel levels
are less feasible " than simply
regulating sound amplification.
As characterized by the appeals
court, Plaintiffs' " hypothesized
alternative reflects nothing more
than a disagreement with the City
over how much control of volume
is appropriate or how that level of
control is to be achieved " :
Because ยง 7.03(m)
is not
found:
substantially broader than
necessary to achieve the City's
interest, it is not invalid simply
because a court concludes that
the government's interest could
be adequately served by some less
speech-restrictive alternative.
In addition, the appeals court
" Section 7.03(m) leaves
open ample alternative channels
for communication because it continues
to permit expressive activity
in the park and has no effect on the
quantity or content of that expression
beyond regulating the extent
of
amplification. "
Further,
the
appeals court noted Plaintiffs had
found " there are other public spaces
within San Francisco available
for their religious worship. "
Accordingly, the appeals court
concluded the City had " reasonably
determined that its interest in
controlling volume would be best
served by its amplification regulation. "
The federal appeals court,
therefore,
affirmed the district
court's decision to deny Plaintiffs'
motion for a preliminary injunction
to block enforcement of the
Section 7.03(m) sound amplification
permit requirement.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Professor
emeritus in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
PARK S ANDRECRE AT ION . OR G | JUNE 2 0 2 3
| Parks & Recreation
31
https://mason.gmu.edu/~jkozlows/lawarts/artlist.htm http://www.nrpa.org/bioblitz

June 2023 - Parks & Recreation

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

June 2023 - Parks & Recreation - Intro
June 2023 - Parks & Recreation - Cover1
June 2023 - Parks & Recreation - Cover2
June 2023 - Parks & Recreation - 1
June 2023 - Parks & Recreation - 2
June 2023 - Parks & Recreation - 3
June 2023 - Parks & Recreation - 4
June 2023 - Parks & Recreation - 5
June 2023 - Parks & Recreation - 6
June 2023 - Parks & Recreation - 7
June 2023 - Parks & Recreation - 8
June 2023 - Parks & Recreation - 9
June 2023 - Parks & Recreation - 10
June 2023 - Parks & Recreation - 11
June 2023 - Parks & Recreation - 12
June 2023 - Parks & Recreation - 13
June 2023 - Parks & Recreation - 14
June 2023 - Parks & Recreation - 15
June 2023 - Parks & Recreation - 16
June 2023 - Parks & Recreation - 17
June 2023 - Parks & Recreation - 18
June 2023 - Parks & Recreation - 19
June 2023 - Parks & Recreation - 20
June 2023 - Parks & Recreation - 21
June 2023 - Parks & Recreation - 22
June 2023 - Parks & Recreation - 23
June 2023 - Parks & Recreation - 24
June 2023 - Parks & Recreation - 25
June 2023 - Parks & Recreation - 26
June 2023 - Parks & Recreation - 27
June 2023 - Parks & Recreation - 28
June 2023 - Parks & Recreation - 29
June 2023 - Parks & Recreation - 30
June 2023 - Parks & Recreation - 31
June 2023 - Parks & Recreation - 32
June 2023 - Parks & Recreation - 33
June 2023 - Parks & Recreation - 34
June 2023 - Parks & Recreation - 35
June 2023 - Parks & Recreation - 36
June 2023 - Parks & Recreation - 37
June 2023 - Parks & Recreation - 38
June 2023 - Parks & Recreation - 39
June 2023 - Parks & Recreation - 40
June 2023 - Parks & Recreation - 41
June 2023 - Parks & Recreation - 42
June 2023 - Parks & Recreation - 43
June 2023 - Parks & Recreation - 44
June 2023 - Parks & Recreation - 45
June 2023 - Parks & Recreation - 46
June 2023 - Parks & Recreation - 47
June 2023 - Parks & Recreation - 48
June 2023 - Parks & Recreation - 49
June 2023 - Parks & Recreation - 50
June 2023 - Parks & Recreation - 51
June 2023 - Parks & Recreation - 52
June 2023 - Parks & Recreation - 53
June 2023 - Parks & Recreation - 54
June 2023 - Parks & Recreation - 55
June 2023 - Parks & Recreation - 56
June 2023 - Parks & Recreation - Cover3
June 2023 - Parks & Recreation - Cover4
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