March 2023 - Parks & Recreation - 31

" condemning racism in order to
demonstrate the City's 'animosity to
all forms of racism.' "
While acknowledging " the City accepted
submissions from private artists
for the mural designs, " the court noted
" the City dictated the message to be
displayed, to wit, 'Black Lives Matter,'
and also paid for the creation of
the first two BLM murals with public
funds. " Accordingly, in the opinion of
the federal district court, it was " more
likely than not that the City was speaking
on its own behalf and purposefully
communicating a message of its own
choosing with the installation of all
three BLM street murals. "
Having found the BLM street murals
constituted government speech,
the federal district court held Plaintiffs
had failed to demonstrate that
the City had engaged in viewpoint
discrimination in violation of their
First Amendment rights by not permitting
a similar " All Lives Matter "
mural on city streets:
When the government puts forth
its own message, it is entitled to say
what it wishes, and to select the views
it wants to express... when the government
is speaking for itself, the
First Amendment forum analysis
simply does not apply.
Public Art Application Process
Assuming " all three BLM street murals
are deemed government speech, "
Plaintiffs claimed they were " still likely
to succeed on the merits of their
viewpoint discrimination claim " because
the City had permitted " private
individuals and groups to encroach
upon public rights-of-way to paint
street murals and to display other
forms of art. " In so doing, Plaintiffs
claimed the City's expressed policy
of " prioritizing public art " created " a
limited public forum for expressive
activity on the surface of its streets
and/or in its rights-of-way. " As a result,
Plaintiffs argued " the City cannot
exclude Plaintiffs from that forum
based on Plaintiffs' viewpoint. "
In particular, Plaintiffs cited evidence
of prior occasions when the
City has granted requests from private
neighborhood associations to
encroach on public rights-of-way for
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PARK S ANDRECRE AT ION . OR G | MARCH 2 0 2 3
| Parks & Recreation
31

http://www.ussoccerfoundation.org/cmt

March 2023 - Parks & Recreation

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

March 2023 - Parks & Recreation - Intro
March 2023 - Parks & Recreation - Cover1
March 2023 - Parks & Recreation - Cover2
March 2023 - Parks & Recreation - 1
March 2023 - Parks & Recreation - 2
March 2023 - Parks & Recreation - 3
March 2023 - Parks & Recreation - 4
March 2023 - Parks & Recreation - 5
March 2023 - Parks & Recreation - 6
March 2023 - Parks & Recreation - 7
March 2023 - Parks & Recreation - 8
March 2023 - Parks & Recreation - 9
March 2023 - Parks & Recreation - 10
March 2023 - Parks & Recreation - 11
March 2023 - Parks & Recreation - 12
March 2023 - Parks & Recreation - 13
March 2023 - Parks & Recreation - 14
March 2023 - Parks & Recreation - 15
March 2023 - Parks & Recreation - 16
March 2023 - Parks & Recreation - 17
March 2023 - Parks & Recreation - 18
March 2023 - Parks & Recreation - 19
March 2023 - Parks & Recreation - 20
March 2023 - Parks & Recreation - 21
March 2023 - Parks & Recreation - 22
March 2023 - Parks & Recreation - 23
March 2023 - Parks & Recreation - 24
March 2023 - Parks & Recreation - 25
March 2023 - Parks & Recreation - 26
March 2023 - Parks & Recreation - 27
March 2023 - Parks & Recreation - 28
March 2023 - Parks & Recreation - 29
March 2023 - Parks & Recreation - 30
March 2023 - Parks & Recreation - 31
March 2023 - Parks & Recreation - 32
March 2023 - Parks & Recreation - 33
March 2023 - Parks & Recreation - 34
March 2023 - Parks & Recreation - 35
March 2023 - Parks & Recreation - 36
March 2023 - Parks & Recreation - 37
March 2023 - Parks & Recreation - 38
March 2023 - Parks & Recreation - 39
March 2023 - Parks & Recreation - 40
March 2023 - Parks & Recreation - 41
March 2023 - Parks & Recreation - 42
March 2023 - Parks & Recreation - 43
March 2023 - Parks & Recreation - 44
March 2023 - Parks & Recreation - 45
March 2023 - Parks & Recreation - 46
March 2023 - Parks & Recreation - 47
March 2023 - Parks & Recreation - 48
March 2023 - Parks & Recreation - 49
March 2023 - Parks & Recreation - 50
March 2023 - Parks & Recreation - 51
March 2023 - Parks & Recreation - 52
March 2023 - Parks & Recreation - 53
March 2023 - Parks & Recreation - 54
March 2023 - Parks & Recreation - 55
March 2023 - Parks & Recreation - 56
March 2023 - Parks & Recreation - Cover3
March 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
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
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