Empathy List Archives

JE

Jeff Edwards

Wed, Mar 26, 2025 11:54 PM

Listmates - I have a Town that has a park with baseball & softball fields
in a public park. They have an agreement with little league which allows
little league to use the fields. It is not a lease, but a free use of the
fields for little league to use them free of charge. There was a fight at
the fields and little league decided to ban the person that started the
altercation. I know there are issues with banning people from a public
park. I am kind of at a loss as to what all issues this may involve. Any
input on how to handle this or what I need to research is very much
appreciated in advance. Thank you!

--

Jeffrey L. Edwards |
Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the
IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax
advice contained in the foregoing communication (including attachments) is
not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code; or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.

The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential or privileged material.
Any review, distribution, or other unauthorized use of the information by
persons or entities other than the intended recipient is prohibited. If
you received this communication in error, please contact the sender and
delete the material from any computer.

Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you! -- *Jeffrey L. Edwards* | *Attorney at Law* *FLYNN, EDWARDS, & O'NEAL, PLLC* 105 East Ray Fine Blvd, Suite N P.O. Box 170 Roland, OK 74954 P: 918-323-4351 | F: 918-518-0504 jeff@flynnedwardsoneal.com CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

KS

Kimberlee Spady

Thu, Mar 27, 2025 1:31 PM

The terms of the agreement might be helpful. Does the agreement give the LL exclusive use of the fields during certain times or events? Does it divide rights and responsibilities between the Town and LL?

Did the police investigate?

Is the individual protesting the LL’s decision?

I started to chime in with some thoughts, but I have more questions than concrete ideas. Hopefully others will be more helpful.

Kim Spady

From: Jeff Edwards via Oama oama@lists.imla.org
Sent: Wednesday, March 26, 2025 6:54 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Public Park ban

Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you!

--

Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com mailto:jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

The terms of the agreement might be helpful. Does the agreement give the LL exclusive use of the fields during certain times or events? Does it divide rights and responsibilities between the Town and LL? Did the police investigate? Is the individual protesting the LL’s decision? I started to chime in with some thoughts, but I have more questions than concrete ideas. Hopefully others will be more helpful. Kim Spady From: Jeff Edwards via Oama <oama@lists.imla.org> Sent: Wednesday, March 26, 2025 6:54 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Public Park ban Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you! -- Jeffrey L. Edwards | Attorney at Law FLYNN, EDWARDS, & O'NEAL, PLLC 105 East Ray Fine Blvd, Suite N P.O. Box 170 Roland, OK 74954 P: 918-323-4351 | F: 918-518-0504 jeff@flynnedwardsoneal.com<mailto:jeff@flynnedwardsoneal.com> CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

DC

Darren Cook

Thu, Mar 27, 2025 3:15 PM

Depending on the facts that led to the fight and ejection, perhaps the little league could seek a protective order or injunction. The troublemaker would be required to stay away from little league events regardless of where the event is held. That may be easier than prohibiting an individual from accessing a public park.

Darren Cook

City of Grove

1201 NEO Loop

Grove, Oklahoma 74344

Office 918-786-6107

mailto:dcook@cityofgroveok.gov dcook@cityofgroveok.gov

Email privileged and confidential - please destroy if you are not the intended recipient.

From: Jeff Edwards via Oama oama@lists.imla.org
Sent: Wednesday, March 26, 2025 6:54 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Public Park ban

Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you!

--

Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC

105 East Ray Fine Blvd, Suite N

P.O. Box 170

Roland, OK 74954

P: 918-323-4351 | F: 918-518-0504

mailto:jeff@flynnedwardsoneal.com jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

Depending on the facts that led to the fight and ejection, perhaps the little league could seek a protective order or injunction. The troublemaker would be required to stay away from little league events regardless of where the event is held. That may be easier than prohibiting an individual from accessing a public park. Darren Cook City of Grove 1201 NEO Loop Grove, Oklahoma 74344 Office 918-786-6107 <mailto:dcook@cityofgroveok.gov> dcook@cityofgroveok.gov Email privileged and confidential - please destroy if you are not the intended recipient. From: Jeff Edwards via Oama <oama@lists.imla.org> Sent: Wednesday, March 26, 2025 6:54 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Public Park ban Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you! -- Jeffrey L. Edwards | Attorney at Law FLYNN, EDWARDS, & O'NEAL, PLLC 105 East Ray Fine Blvd, Suite N P.O. Box 170 Roland, OK 74954 P: 918-323-4351 | F: 918-518-0504 <mailto:jeff@flynnedwardsoneal.com> jeff@flynnedwardsoneal.com CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

CT

Chuck Thompson

Thu, Mar 27, 2025 4:15 PM

We had similar issues when I was County Attorney in MoCo MD. We drafted an ordinance which regulated disruptive behavior (defined in the ordinance to sweep lurkers in the children’s section of the library into its reach). Sec. 32-19C. Disruptive Behavior—Public Facilities We ran it by the ACLU before adopting and got some input (ACLU still objected at the public hearing). I believe it has been upheld in court but unreported. This should be the link: Sec. 32-19C. Disruptive Behavior - Public Facilitieshttps://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-139380 It is on the American Legal Publishing Website. It may work for Oklahoma, but just a thought.
Chuck Thompson
IMLA

From: Darren Cook via Oama oama@lists.imla.org
Sent: Thursday, March 27, 2025 11:16 AM
To: 'Jeff Edwards' jeff@flynnedwardsoneal.com; 'OAMA Luistserv' oama@lists.imla.org
Subject: [Oama] Re: Public Park ban

Depending on the facts that led to the fight and ejection, perhaps the little league could seek a protective order or injunction. The troublemaker would be required to stay away from little league events regardless of where the event is held. That may be easier than prohibiting an individual from accessing a public park.

Darren Cook
City of Grove
1201 NEO Loop
Grove, Oklahoma 74344
Office 918-786-6107
dcook@cityofgroveok.gov mailto:dcook@cityofgroveok.gov
Email privileged and confidential - please destroy if you are not the intended recipient.

From: Jeff Edwards via Oama <oama@lists.imla.org mailto:oama@lists.imla.org>
Sent: Wednesday, March 26, 2025 6:54 PM
To: OAMA Luistserv <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Public Park ban

Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you!

--

Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com mailto:jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

We had similar issues when I was County Attorney in MoCo MD. We drafted an ordinance which regulated disruptive behavior (defined in the ordinance to sweep lurkers in the children’s section of the library into its reach). Sec. 32-19C. Disruptive Behavior—Public Facilities We ran it by the ACLU before adopting and got some input (ACLU still objected at the public hearing). I believe it has been upheld in court but unreported. This should be the link: Sec. 32-19C. Disruptive Behavior - Public Facilities<https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-139380> It is on the American Legal Publishing Website. It may work for Oklahoma, but just a thought. Chuck Thompson IMLA From: Darren Cook via Oama <oama@lists.imla.org> Sent: Thursday, March 27, 2025 11:16 AM To: 'Jeff Edwards' <jeff@flynnedwardsoneal.com>; 'OAMA Luistserv' <oama@lists.imla.org> Subject: [Oama] Re: Public Park ban Depending on the facts that led to the fight and ejection, perhaps the little league could seek a protective order or injunction. The troublemaker would be required to stay away from little league events regardless of where the event is held. That may be easier than prohibiting an individual from accessing a public park. Darren Cook City of Grove 1201 NEO Loop Grove, Oklahoma 74344 Office 918-786-6107 dcook@cityofgroveok.gov<mailto:dcook@cityofgroveok.gov> Email privileged and confidential - please destroy if you are not the intended recipient. From: Jeff Edwards via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Sent: Wednesday, March 26, 2025 6:54 PM To: OAMA Luistserv <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Public Park ban Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you! -- Jeffrey L. Edwards | Attorney at Law FLYNN, EDWARDS, & O'NEAL, PLLC 105 East Ray Fine Blvd, Suite N P.O. Box 170 Roland, OK 74954 P: 918-323-4351 | F: 918-518-0504 jeff@flynnedwardsoneal.com<mailto:jeff@flynnedwardsoneal.com> CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

RK

Rick Knighton

Thu, Mar 27, 2025 4:33 PM

Jeff,

While not totally on point, in Oklahoma Second Amendment Association v. City of Norman, et al., Case No. CV-2015-550 (CCDC 2015), we argued that public streets closed or a music festival were under the control of a private entity, and thus the private entity could prohibit weapons from being carried in the area during a music festival. The district court ruled against the City at the temporary restraining order stage of the case but reversed itself at the permanent injunction state. To avoid an adverse ruling, the plaintiff dismissed the case before a journal entry was submitted. However, the district court’s ruling indicates that there is merit to allowing a private entity to establish rules regarding attendance when it has been granted control of a public space.

We have used this argument when presented with issues that involve rental of public park space. One of our parks has a gazebo that can be rented by the public. Occasionally, there will be a dispute between family members as to who can attend a birthday party. We have advised that the person renting the park space can exclude others from that space during the rental period. We have also had issues with unauthorized vendors attempting to sell items at festivals. Similarly, we have advised that while a festival is occurring, the entity in charge can establish rules regarding who can and cannot sell items. While we have only been challenged once regarding this position, we would make the same argument if challenged in the future.

This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Jeff Edwards via Oama oama@lists.imla.org
Sent: Wednesday, March 26, 2025 6:54 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Public Park ban

Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you!

--

Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com mailto:jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

Jeff, While not totally on point, in Oklahoma Second Amendment Association v. City of Norman, et al., Case No. CV-2015-550 (CCDC 2015), we argued that public streets closed or a music festival were under the control of a private entity, and thus the private entity could prohibit weapons from being carried in the area during a music festival. The district court ruled against the City at the temporary restraining order stage of the case but reversed itself at the permanent injunction state. To avoid an adverse ruling, the plaintiff dismissed the case before a journal entry was submitted. However, the district court’s ruling indicates that there is merit to allowing a private entity to establish rules regarding attendance when it has been granted control of a public space. We have used this argument when presented with issues that involve rental of public park space. One of our parks has a gazebo that can be rented by the public. Occasionally, there will be a dispute between family members as to who can attend a birthday party. We have advised that the person renting the park space can exclude others from that space during the rental period. We have also had issues with unauthorized vendors attempting to sell items at festivals. Similarly, we have advised that while a festival is occurring, the entity in charge can establish rules regarding who can and cannot sell items. While we have only been challenged once regarding this position, we would make the same argument if challenged in the future. Rickey J. Knighton II | City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Jeff Edwards via Oama <oama@lists.imla.org> Sent: Wednesday, March 26, 2025 6:54 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] Public Park ban Listmates - I have a Town that has a park with baseball & softball fields in a public park. They have an agreement with little league which allows little league to use the fields. It is not a lease, but a free use of the fields for little league to use them free of charge. There was a fight at the fields and little league decided to ban the person that started the altercation. I know there are issues with banning people from a public park. I am kind of at a loss as to what all issues this may involve. Any input on how to handle this or what I need to research is very much appreciated in advance. Thank you! -- Jeffrey L. Edwards | Attorney at Law FLYNN, EDWARDS, & O'NEAL, PLLC 105 East Ray Fine Blvd, Suite N P.O. Box 170 Roland, OK 74954 P: 918-323-4351 | F: 918-518-0504 jeff@flynnedwardsoneal.com<mailto:jeff@flynnedwardsoneal.com> CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.