March 2022 - Parks & Recreation - 30

LAW REVIEW
In determining the ongoing existence
of a " live " controversy, the
federal district court acknowledged
that " mere voluntary cessation of a
challenged practice does not render
a case moot " :
Otherwise, a party could moot
a challenge to a practice simply by
changing the practice during the
course of a lawsuit, and then reinstate
the practice as soon as the
litigation was brought to a close.
Voluntary cessation only moots a
case if subsequent events made it
absolutely clear that the allegedly
wrongful behavior could not reasonably
be expected to recur.
Moreover, in cases where
the defendant is a government
actor, the federal district court
noted that
" there
In the opinion of the court, it was
" doubtful whether the sign was intended
to enforce any kind of coherent 'policy'
against service dogs at Bunche Beach. "
Florida Ordinances No. 18-12, §
9.6(M) (2018) provided: " Service
Animals are exempt from area
restriction
was
mals, the Endangered Species Act
or Lee County ordinances.
in accordance with
federal and state law. " As a result,
Lee County contended the sign
Silva had photographed
" apparently contradicted by the
same local law that it cited. "
After Silva was notified of Lee
County's motion to dismiss, he returned
to Bunche Beach and photographed
a different sign that was
" still posted on the property " and
made it " appear as though not all
animals are permitted at Bunche
Beach. " This sign, however, merely
stated, " NO PETS Allowed, "
and contained an interdictory circle
with a dog silhouette. The sign
made no references to service aniChallenged
Practice
Terminated
As noted by the
to
deciding
is a rebuttable
federal
district
court, Article III of the Constitution
limits the jurisdiction of federal
courts
" cases "
or
" controversies. " U.S. Const. art.
III, § 2. Further, the court found:
" The doctrine of mootness derives
directly from the case-or-controversy
limitation because an action that
is moot cannot be characterized
as an active case or controversy. "
Moreover, the court acknowledged
that " a case is moot when the issues
presented are no longer 'live' or
the parties lack a legally cognizable
interest in the outcome. "
30 Parks & Recreation | MARCH 2 0 22 | PARK S ANDRECRE AT ION . OR G
presumption that the objectionable
behavior will not recur, " but only
after the government " has shown
unambiguous termination of the
complained of activity. " Accordingly,
if the government can demonstrate
termination of the complained of
activity, the federal district court
would dismiss as " moot " a lawsuit
challenging a governmental policy,
in the absence of " some reasonable
basis to believe that the policy will be
reinstated if the suit is terminated. "
In determining whether a challenged
conduct will reoccur, the
federal district court would consider
the following three factors before
terminating a lawsuit as moot:
(1) whether the termination
of the offending
unambiguous;
conduct was
(2) whether the
change in government policy or
conduct appears to be the result
of substantial deliberation or is
simply an attempt to manipulate
jurisdiction;
and (3) whether
the government has consistently

March 2022 - Parks & Recreation

Table of Contents for the Digital Edition of March 2022 - Parks & Recreation

March 2022 - Parks & Recreation - Intro
March 2022 - Parks & Recreation - Cover1
March 2022 - Parks & Recreation - Cover2
March 2022 - Parks & Recreation - 1
March 2022 - Parks & Recreation - 2
March 2022 - Parks & Recreation - 3
March 2022 - Parks & Recreation - 4
March 2022 - Parks & Recreation - 5
March 2022 - Parks & Recreation - 6
March 2022 - Parks & Recreation - 7
March 2022 - Parks & Recreation - 8
March 2022 - Parks & Recreation - 9
March 2022 - Parks & Recreation - 10
March 2022 - Parks & Recreation - 11
March 2022 - Parks & Recreation - 12
March 2022 - Parks & Recreation - 13
March 2022 - Parks & Recreation - 14
March 2022 - Parks & Recreation - 15
March 2022 - Parks & Recreation - 16
March 2022 - Parks & Recreation - 17
March 2022 - Parks & Recreation - 18
March 2022 - Parks & Recreation - 19
March 2022 - Parks & Recreation - 20
March 2022 - Parks & Recreation - 21
March 2022 - Parks & Recreation - 22
March 2022 - Parks & Recreation - 23
March 2022 - Parks & Recreation - 24
March 2022 - Parks & Recreation - 25
March 2022 - Parks & Recreation - 26
March 2022 - Parks & Recreation - 27
March 2022 - Parks & Recreation - 28
March 2022 - Parks & Recreation - 29
March 2022 - Parks & Recreation - 30
March 2022 - Parks & Recreation - 31
March 2022 - Parks & Recreation - 32
March 2022 - Parks & Recreation - 33
March 2022 - Parks & Recreation - 34
March 2022 - Parks & Recreation - 35
March 2022 - Parks & Recreation - 36
March 2022 - Parks & Recreation - 37
March 2022 - Parks & Recreation - 38
March 2022 - Parks & Recreation - 39
March 2022 - Parks & Recreation - 40
March 2022 - Parks & Recreation - 41
March 2022 - Parks & Recreation - 42
March 2022 - Parks & Recreation - 43
March 2022 - Parks & Recreation - 44
March 2022 - Parks & Recreation - 45
March 2022 - Parks & Recreation - 46
March 2022 - Parks & Recreation - 47
March 2022 - Parks & Recreation - 48
March 2022 - Parks & Recreation - 49
March 2022 - Parks & Recreation - 50
March 2022 - Parks & Recreation - 51
March 2022 - Parks & Recreation - 52
March 2022 - Parks & Recreation - 53
March 2022 - Parks & Recreation - 54
March 2022 - Parks & Recreation - 55
March 2022 - Parks & Recreation - 56
March 2022 - Parks & Recreation - Cover3
March 2022 - 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