March 2022 - Parks & Recreation - 32

LAW REVIEW
Under the circumstances of this case, the
court found Silva had apparently " just
encountered a poorly worded sign. "
eration behind the County's decision,
at least enough deliberation
to think about what the new sign
should
say. " Further, the court
found " no reason to believe that
Lee County's 'new' policy is not
being consistently applied. " That
being said, it was " unclear " to the
court " whether this policy is 'new'
in the first place, considering the
plain language of Lee County Ordinance
18-12. " As characterized
by the court, " the new sign appears
to reflect what Lee County's policy
has been all along (or at least since
2018 when Ordinance 18-12 was
originally enacted). "
Based on this evidence, the federal
district court concluded " Lee
County has shown unambiguous
termination
the complained-of
Poorly Worded Sign
Removed
Under the circumstances of this
case, the court found Silva had apparently
" just encountered a poorly
worded sign. " Moreover, regardless
of " the intent behind the sign, "
the federal district court noted the
sworn declaration of Flanjack, Lee
County's deputy director of parks
and recreation, which showed " the
offending
signage was removed,
and new signage was installed at
Bunche Beach on March 17, 2021. "
While Silva had claimed to have
seen three problematic signs upon
his return to Bunche Beach, the
federal district court noted Silva
had not produced " any photographic
evidence that any such
signs remained. " On the contrary,
the court found Silva had simply
" photographed
entirely
different
signs that did not specifically mention
service animals. "
In the opinion of the federal
district court, Lee County's redesign
of the signage, as opposed to
mere removal, was further " evidence
that there was some delib32
Parks & Recreation | MARCH 2 0 22 | PARK S ANDRECRE AT ION . OR G
activity " and, therefore, " Lee County
is now entitled to a rebuttable
presumption that its behavior will
not reoccur. " In failing to rebut this
presumption, the court noted Silva
had merely " demonstrated that
Lee County's website and some
other signs ban 'pets' from Bunche
Beach. " In the opinion of the court,
this apparent ban on pets was " not
enough " to rebut the presumption
that any alleged ban on service animals
had been terminated.
Pets Not ADA
" Service Animals "
As cited by the
federal
district
court, the ADA's implementing
regulations define " service animal "
as " any dog that is individually
trained to do work or perform tasks
for the benefit of an individual with
a disability, including a physical,
sensory, psychiatric, intellectual, or
other mental disability. " 28 C.F.R.
ยง 35.104. Other than dogs,
court acknowledged " no other anthe

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