January 2021 - Parks & Recreation - 35

ally vague if people of common intelligence must guess at its meaning
and may differ as to its application " :
Basic principles of due process
assure that punishment should
be imposed only if the defendant
could reasonably be expected to
have known that his conduct was
proscribed. Additionally, in order
to prevent arbitrary and discriminatory enforcement, a law must
provide sufficient standards to
guide its application.
Moreover, " where a statute's literal scope is capable of reaching
expression sheltered by the First
Amendment, " the court acknowledged that " this doctrine demands
a greater degree of specificity than
in other contexts. "
In support of their vagueness ar-

gument, the court noted: " Plaintiffs
had attempted to show that one of
the protesters on July 16, 2020 was
confused about the meaning of the
word 'group' in the Emergency Order. " Moreover, Plaintiffs claimed
the Emergency Order was unconstitutionally vague because it did not
state how closely together the five or
more individuals must be standing
in order to be considered a " group
of five or more " people in a public
place. Six feet? Ten feet? Twenty feet?
The federal district court rejected
Plaintiffs' argument. In so doing,
the court found the term " group "
as used in the Emergency Order
was " clear and unambiguous, and
that the order provides people of
common intelligence with clear
notice of what is prohibited. "

Conclusion
As a result, the federal district court
found the Emergency Order was a
constitutional time, place and manner
restriction on Plaintiffs' First Amendment activities. The federal district
court, therefore, denied Plaintiffs' application for a preliminary injunction
to block enforcement of the order.
In so doing, the federal district effectively endorsed Defendants' position
that " these extraordinary times " warranted " additional leeway " be given
to Mayor Warren to take reasonable
measures to protect public safety and
prevent the spread of COVID-19.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.edu).
Webpage with link to law review articles archive (1982 to
present): mason.gmu.edu/~jkozlows.

THANK YOU CONFERENCE CHAMPIONS
We would like to thank the generous sponsors and champions of the 2020 NRPA Annual Conference: A Virtual Experience.
The early commitment and investment of the companies listed below in NRPA's ﬁrst-ever virtual conference ensures that our
park and recreation professionals can continue to learn, explore and share ideas.
NPRA extends our utmost appreciation to the 2020 NRPA Virtual Champions. Your trust in our work and your partnership are
essential and greatly appreciated. We couldn't have done it without you!

Artiﬁcial Ice Events/Fall Fest
Events
BCI Burke Playgrounds*
Big Toys
Bobcat Company
CivicRec
DuMor
Earth Networks
Fibar Systems
ForeverLawn Inc.
Freenotes Harmony Park
GameTime*
Gared Sports

Greenﬁelds Outdoor Fitness
Equipment*
Landscape Structures Inc.*
Little Tikes Commercial
Miracle Recreation
Musco Sports Lighting Inc.*
MyRec.com
National Recreation Systems
NCSI
NetPlay USA LLC
PerfectMind
Pilot Rock Park Equipment
Play & Park Structures

PLAY CLUB
PlayCore*
Playcraft Systems
Playworld
Poligon
Polin Waterparks
Public Restroom Company
PumpTrax USA
Robertson Recreational Surfacing
Rubber Designs
SmartRec by Amilia
Sourcewell

Spokes'n Motion
Superior Recreational Products
The Toro Company
Think Green Promos
True Pitch
UltraSite
United States Tennis Association
Vermont Systems
Vortex Aquatic Structures Int'l Inc.
Wenger Corp
WhiteWater West Industries Ltd.

*2020 NRPA Virtual Sponsors

PA R K S A N D R E C R E AT I O N .O R G | J A N UA RY 2 02 1 |

Parks & Recreation

January 2021 - Parks & Recreation

Table of Contents for the Digital Edition of January 2021 - Parks & Recreation