March 2022 - Parks & Recreation - 31

applied a new policy or adhered to
a new course of conduct.
In addition to these three factors,
the court also would consider
" other relevant factors, " including
" the timing and content of the cessation
decision, and whether the
challenged behavior was a continuing
practice. "
Ordinance Exempted
Service Dogs
In this particular instance, Lee
County had argued that " removal
of the sign Silva photographed
renders this case moot. " Moreover,
Lee County maintained " the sign
was never intended to conflict with
the plain language of Ordinance
18-12 (cited in the sign), which
exempts service dogs from the Ordinance's
general prohibition on
dogs in public parks. "
The
federal
district
court
found Lee County had effectively
acknowledged " the original
sign was flat-out wrong, " but
noted Lee County's contention
that " any problems it may have
caused are now moot because it
was removed. "
In response, Silva disagreed that
the case was moot, claiming he had
" encountered at least three signs prohibiting
service animals during his
first visit to Bunche Beach. " While
this fact was not mentioned in his
complaint, Silva argued his claim
was not moot because Lee County
had " not definitely confirmed " that
all three signs were removed.
In addition, Silva claimed he had
returned to Bunche Beach after his
lawyers told him Lee County " had
removed the problematic sign and
replaced it with a new sign. " On this
second visit, Silva photographed a
different sign that read, " NO PETS
COMMERCIAL GRADE.
ALL DAY BATTERY POWER.
Allowed, " without mentioning
service animals. This other sign,
according to Silva, made it appear
that Lee County continued to ban
service animals from Bunche Beach.
The federal district court rejected
Silva's argument. In the opinion
of the
court, " Lee County's
removal and replacement of
the offending sign (or signs) has
mooted the case. " In reaching
this
conclusion,
the
court
presumption
that
held
Lee County, as a government
defendant, was " entitled to a
rebuttable
its
allegedly illegal behavior will not
reoccur if it can demonstrate that it
has unambiguously terminated the
activity. "
As noted by the court, Silva has
alleged " the illegal behavior is Lee
County's supposed policy of banning
service animals from Bunche
Beach. "
The
court,
however,
found it was " unclear whether
such a policy ever truly existed. "
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 " :
Lee County Ordinance 18-12,
which is cited in the sign Silva
photographed, exempts service
animals from any prohibition on
entering public parks like Bunche
Beach. While the sign may have
said, " NO PETS OR SERVICE
ANIMALS, " that language was
contradicted by the same legal
authority cited in the sign.
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31
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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