March 2023 - Parks & Recreation - 33

In the opinion of the federal district
court, the reason given for the
City's denial of Plaintiffs' request
was " inaccurate " because " Plaintiffs'
chosen message is plainly in tension
with the City's publicly-espoused
view. " As a result, the federal district
court found Plaintiffs had demonstrated
at least some likelihood of
success in establishing their claim of
viewpoint discrimination:
[T]he City's failure to permit them to
submit a public art proposal in the same
way other private groups have presented
public art proposals for display in City
rights-of-way was based on the viewpoint
they sought to convey.
In the absence of established
guidelines to govern " the expressive
content of art which the City would
approve, " the federal district court
found the City had indeed created a
limited public forum for expressive
activity by approving applications
initiated by private individuals and/
or organizations to display painted
murals on City rights-of-way.
Since the City had failed to permit
Plaintiffs to similarly access the limited
public forum the City had created
for expressive activity on city rightsof-way,
the federal district court held
Plaintiffs had demonstrated some
likelihood of success on the merits
of their First Amendment viewpoint
discrimination claim.
Conclusion
Accordingly, the federal district court
held Plaintiffs were entitled to preliminary
injunctive relief on their
First Amendment claim. The court,
therefore, concluded Plaintiffs " must
be permitted to engage in the process
afforded to other private individuals
and groups to seek approval for an
encroachment on a city right-of-way
to display public art. "
As a result, the federal district court
ordered Defendants to " promulgate
and disseminate to the public, including
to Plaintiffs, the procedural
steps whereby private individuals
and groups can seek approval for an
encroachment on the City of Bloomington's
rights-of-way for the purpose
of displaying public art. "
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 | MARCH 2 0 2 3
| Parks & Recreation
33
https://mason.gmu.edu/~jkozlows/lawarts/artlist.htm

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/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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