May 2022 - Parks & Recreation - 29

within the Skokie Lagoons on
his way home from work. In the
summertime,
Plaintiff drives
to
the Skokie Lagoons and fishes at
the same spot every night on his
way home from work. The Skokie
Lagoons are FPDCC property,
consisting of
seven
lagoons
connected by channels on the Skokie
River. Plaintiff knew this FPDCC
property closed each night at sunset.
As Plaintiff was concluding
his fishing for the night, he was
approached by a FPDCC police
officer for being on FPDCC
property after sunset. The FPDCC
officer discovered that Plaintiff
was carrying a weapon in violation
of FPDCC Ordinance 3-3-6
and arrested him. The FPDCC
confiscated two firearms from
Plaintiff, a .45 caliber Colt Semi
Auto handgun and a North America
Arms .22 caliber Derringer. Plaintiff
has never been assaulted, attacked
or threatened on FPDCC property.
Second Amendment Claim
Plaintiff sued FPDCC, alleging 430
ILCS 66/65(a)(14) and FPDCC
Code Section 3-3-6 violated the
Second Amendment of the United
States
Constitution.
Plaintiff
petitioned the federal district court
to declare Section 65(a)(14) and
Ordinance 3-3-6 unconstitutional
and issue an injunction prohibiting
government officials from enforcing
these laws. In so doing, Plaintiff
asked the court to invalidate both
laws " to the extent that they are
applied to prohibit private citizens
who are otherwise qualified
to
possess handguns from carrying
handguns for self-defense in forest
preserves of Cook County. "
The State of Illinois intervened
to defend the constitutionality of
the state statute. Defendant Cook
County and the State of Illinois
claimed the statute and the ordinance
were both constitutional on
the grounds that " the entire Forest
Preserve District is a 'sensitive
place' on which firearms regulations
are presumptively lawful, "
because these laws were " substantially
related to public safety. "
As cited by the federal district
court,
the
states: " A well-regulated
Second Amendment
Militia,
being necessary to the security of
a free State, the right of the people
to keep and bear Arms, shall not be
infringed. " U.S. Const. amend. II.
Further, the court noted the U.S.
Supreme Court, in the case of District
of Columbia v. Heller, had held
the Second Amendment effectively
codifies a preexisting " individual
right to possess and carry weapons
in case of confrontation. " 554 U.S.
570, 592, 128 S. Ct. 2783, 171 L.
Ed. 2d 637 (2008).
As described by the court, Heller
had struck down the District of
Columbia's ban on the possession
of usable handguns in the home
because the law prevented citizens
from using, or even having, " the
quintessential
self-defense weapon "
in the place where the " need
for defense of self, family, and property
is most acute. " In the opinion
of the federal district court, " Heller
left open many questions related to
the Second Amendment, including
what level of scrutiny to apply to
firearms regulations. " The court,
however, noted the Supreme Court
in Heller was " clear that its ruling
would not invalidate all restrictions
on owning or carrying firearms, "
including " laws forbidding the carrying
of firearms in sensitive places,
such as schools and government
buildings. " The court, however, acknowledged
the Supreme Court in
Heller did not otherwise explain or
elaborate on what counts as a " sensitive
place. "
" Sensitive Place " Analysis
In this
case, Defendants
had
contended the entire FPDCC is
a " sensitive place, " as referenced
in Heller, because these properties
are " a recreational space where
children tend to congregate. " As
characterized by FPDCC, " the
Ordinance
protects
family-oriented,
children
sensitive
in
areas
designed for their education and
enjoyment. "
In response, Plaintiff had argued
that it was " not appropriate for the
Illinois General Assembly to call
all 70,000 acres of the Forest Preserve
District a sensitive place " in
the challenged state statute. Further,
Plaintiff argued that it was " illogical
to call Cook County's forest
preserve district a sensitive place,
but not to do the same for any of
the forest preserve districts in Illinois'
101 other counties. "
When compared to any of the
other forest preserves in Illinois,
Defendants countered that FPDCC
was significantly " different in terms
of the number of visitors it has and
the size of some of its attractions. "
As identified by the federal district
court, " the critical issue in this case "
was " not the difference between the
FPDCC and forest preserves in
other counties, but the differences
among the various FPDCC sites. "
In determining whether a particular
location is properly designated a
" sensitive place, " the federal district
court would analyze and discern the
traits of designated " sensitive places. "
As characterized by the court,
PARK S ANDRECRE AT ION . OR G | MAY 2 0 22 | Parks & Recreation
29

May 2022 - Parks & Recreation

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

May 2022 - Parks & Recreation - Intro
May 2022 - Parks & Recreation - Cover1
May 2022 - Parks & Recreation - Cover2
May 2022 - Parks & Recreation - 1
May 2022 - Parks & Recreation - 2
May 2022 - Parks & Recreation - 3
May 2022 - Parks & Recreation - 4
May 2022 - Parks & Recreation - 5
May 2022 - Parks & Recreation - 6
May 2022 - Parks & Recreation - 7
May 2022 - Parks & Recreation - 8
May 2022 - Parks & Recreation - 8a
May 2022 - Parks & Recreation - 8b
May 2022 - Parks & Recreation - 9
May 2022 - Parks & Recreation - 10
May 2022 - Parks & Recreation - 11
May 2022 - Parks & Recreation - 12
May 2022 - Parks & Recreation - 13
May 2022 - Parks & Recreation - 14
May 2022 - Parks & Recreation - 15
May 2022 - Parks & Recreation - 16
May 2022 - Parks & Recreation - 17
May 2022 - Parks & Recreation - 18
May 2022 - Parks & Recreation - 19
May 2022 - Parks & Recreation - 20
May 2022 - Parks & Recreation - 21
May 2022 - Parks & Recreation - 22
May 2022 - Parks & Recreation - 23
May 2022 - Parks & Recreation - 24
May 2022 - Parks & Recreation - 25
May 2022 - Parks & Recreation - 26
May 2022 - Parks & Recreation - 27
May 2022 - Parks & Recreation - 28
May 2022 - Parks & Recreation - 29
May 2022 - Parks & Recreation - 30
May 2022 - Parks & Recreation - 31
May 2022 - Parks & Recreation - 32
May 2022 - Parks & Recreation - 33
May 2022 - Parks & Recreation - 34
May 2022 - Parks & Recreation - 35
May 2022 - Parks & Recreation - 36
May 2022 - Parks & Recreation - 37
May 2022 - Parks & Recreation - 38
May 2022 - Parks & Recreation - 39
May 2022 - Parks & Recreation - 40
May 2022 - Parks & Recreation - 41
May 2022 - Parks & Recreation - 42
May 2022 - Parks & Recreation - 43
May 2022 - Parks & Recreation - 44
May 2022 - Parks & Recreation - 45
May 2022 - Parks & Recreation - 46
May 2022 - Parks & Recreation - 47
May 2022 - Parks & Recreation - 48
May 2022 - Parks & Recreation - 49
May 2022 - Parks & Recreation - 50
May 2022 - Parks & Recreation - 51
May 2022 - Parks & Recreation - 52
May 2022 - Parks & Recreation - 53
May 2022 - Parks & Recreation - 54
May 2022 - Parks & Recreation - 55
May 2022 - Parks & Recreation - 56
May 2022 - Parks & Recreation - Cover3
May 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
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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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