October 2024 – Parks & Recreation - 41

ciently shown a likelihood of irreparable
harm if the preliminary
injunction is not granted. "
Balance of Equities
The federal district court also considered
whether Plaintiffs had established
the required " balance of
equities tips in its favor " to warrant
a preliminary injunction. In so doing,
the court would " balance the
competing claims of injury, " considering
" the effect on each party
of the granting or withholding of
the requested relief. "
In this case, the court noted
Plaintiffs had " already served
over two years " of the " threeyear
ban from parks and recreation
facilities. " Accordingly,
in the absence of an injunction,
the court found " the Defendants
can effectively impose the full
duration of the original bans by
simply waiting for the litigation
process to run its course. " Accordingly,
in the opinion of the
court, " the vindication of the
Plaintiffs' rights (if they are entitled
to such vindication) can only
be accomplished by granting a
preliminary injunction. " On the
other hand, the court noted the
City could reinstate the remaining
nine months of Plaintiffs'
ban if the City prevailed in a full
trial. As a result, the court found
" Defendants risk little from the
granting of the Plaintiffs' requested
injunction. "
The federal district court, therefore,
held the " relative equities of
the parties therefore weigh in favor
of the Plaintiffs. " In addition, the
court recognized " the City has other
policies and procedures in place
to ensure it can continue to maintain
and protect public spaces. "
Editor's Note: Due to space limitations
in this issue, the full version
of the October " Law Review "
column
can be accessed at nrpa.
org/ThreeYearParkAccessBan.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Emeritus
Associate Professor in the School of Sport, Recreation and
Tourism Management at George Mason University (jkozlows@
gmu.edu). Law review articles archive (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
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PARK S ANDRECRE AT ION . OR G | O CTOBER 2 0 2 4 | Parks & Recreation
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http://nrpa.org/threeyearparkaccessban http://mason.gmu.edu/~jkozlows/lawarts/artlist.htm http://www.AGSGolfAndSports.com
October 2024 – Parks & Recreation

Table of Contents for the Digital Edition of October 2024 – Parks & Recreation
