May 2022 - Parks & Recreation - 30

LAW REVIEW
such " sensitive places " would typically
involve " gatherings of large
groups of people or performance of
government functions " :
When a location is designated
as a " sensitive place, " all examples
of that location tend to have
the trait that justifies the designation.
For instance, all schools have
groups of children present.... In
contrast, when a regulation sweeps
up different types of locations,
with rationales that differ or vary
in strength, it tends to fare poorly
on judicial review.
70,000 Acres
of Distinct Sites
In determining the size and location
of a designated " sensitive place, "
the federal district court recognized
FPDCC " is not a single place or
type of place. " Instead, the court
found FPDCC " is a large set of 'distinct,
non-adjacent' places, covering
70,000 acres, which is more than 11
[percent] of the land in Cook County
and an area roughly half the size
of the City of Chicago. "
Moreover, the court noted the
pretrial record did not state " how
many different FPDCC sites there
are. " While " the FPDCC website
had a location list which contained
roughly 320 separate entries, " the
court found it " difficult to tell how
many separate pieces of property
or sites there are. " According to the
court, it was " clear that the FPDCC
is comprised of scores, if not
hundreds, of different locations " :
Crucially, not all FPDCC locations
are of the same type. On one
end of the spectrum is the Chicago
Botanic Garden, an example Defendants
repeatedly point to, which
hosts roughly a million visitors per
year and offers a wide range of
30 Parks & Recreation | MAY 2 0 22 | PARK S ANDRECRE AT ION . OR G
facilities and activities. The Chicago
Botanic Garden offers adult
education classes, symposia, professional
certificate programs, and
spans 385 acres, including 26 gardens
and four natural areas. On
the other end of the spectrum is,
for example, Bluff Spring Fen, a
nature preserve that allows hiking
but bars fishing and even dogs and
has no obvious developments besides
a parking lot.
Under such circumstances, the
federal district court concluded:
" FPDCC is not a single place, or
even a category of the same kinds
of places, like schools and post offices. "
Given such " a wide range of
different sites with different facilities
that are all owned by the Forest
Preserve District, " the court found
this range of sites and facilities
undermined FPDCC's claim that
" such a spread of locations could be
designated a single sensitive place. "
Moreover, in the opinion of the
court, properly designating one location
a " sensitive place " would not
necessarily allow " the government
to give the same designation to a
different, non-adjacent location. "
Further, the court determined the
mere fact that " children are present
on FPDCC property, " as well as
" the presence of large gatherings
of
people, " would
not
justify
designating the entire FPDCC as a
" sensitive place. " On the contrary, the
court found the pretrial record had
failed to demonstrate " the presence
of children or large crowds on all
FPDCC sites, or reveal how many
FPDCC sites have these traits " :
Perhaps the presence of children
would qualify those FPDCC
sites as " sensitive places, " but
Defendants do not present, and
the Court is not aware of, any
authority for treating all of the
" distinct, non-adjacent " locations
as " sensitive places " merely
because a subset of them qualify.
Public Recreation Safety
According to FPDCC, the governmental
interest in public safety
justified a ban on guns in the forest
preserve to effect " protection people
in recreational areas, especially
children, from gun violence. " The
federal district
court
acknowledged:
" Public safety is unquestionably
a strong governmental interest. "
That being said, the court
also noted the challenged gun regulations
must still bear a " substantial
relationship " to that strong governmental
interest.
To " explain the extent of the
government's interest, " FPDCC
had presented the following data
on " the visitors to FPDCC property,
especially children " :
The FPDCC receives
approximately 62 million visitors
annually with many facilities
and activities aimed at children,
including nature centers, youth
athletic leagues, campgrounds,
Ecological Stewardship Program,
the Mighty Acorns Program, and
the Citizen Scientists program.
The Forest Preserve District also
hosts educational programming
by other organizations, volunteer
events, and permitted activities,
such as picnics, all of which have
minors in attendance.
As characterized by the federal
district court, FPDCC had, for the
most part, presented " aggregate
data about types of visitors (youth
vs. adult), types of locations, and
types of activities. " The court, however,
noted this information was
" not broken down geographically. "

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
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