November 2017 - Parks & Recreation - 27

these cards, with the aid of the camera
images and an in-game map.
Texas Rope 'Em players begin the game
with two of the five required playing
cards. To build their hands, players must
carry their mobile device to game stops
indicated on the game map to obtain a
new card. Once the player has set his or
her hand, the cards are played against the
dealer. If the player loses, he or she can
try again. Players who beat the dealer
win points and, in future versions of the
game, will be able to win in-app bonuses
or prizes. Candy Lab reports that none
of these prizes will be worth money.
Pokémon Go Discontent?
In response to perceived problems associated with AR game use in public
parks, Sheldon A. Wasserman, a member of the Milwaukee County Board of
Supervisors ( " Wasserman " ) proposed
Resolution 16-637, which became Section 47.03(3) of the Milwaukee County
Code of General Ordinances, to regulate
games like Pokémon Go by targeting the
companies that publish them.
Multiple supervisors spoke against
the ordinance during deliberations, disputing claims about the game's impact.
These officials argued that the gamers
were not causing disturbances and that
it was a positive development to see a
diverse new group of people using the
parks. They perceived the true driving
force behind residents' complaints to be
fear of the unknown and umbrage at an
unanticipated increase in use of the nearby public parks.
In response, Wasserman emphasized
that the ordinance was not directed
against Pokémon Go players but, instead, sought to regulate the businesses that profit from them. Wasserman
believed that the ordinance could help
control the growing popularity of
games like Pokémon Go and, perhaps
more importantly, leverage that popu-

larity to make money for the county,
which was required to maintain the
parks that were so heavily used during
gameplay.
Game Permit Ordinance
On February 2, 2017, the Milwaukee
County Board adopted an AR game ordinance by a vote of 13-4. On February
20, the Ordinance was published and became effective. It read, in pertinent part
as follows:
(3) Permits required for location-based
augmented
reality
games. Virtual and location-based
augmented reality games are not
permitted in Milwaukee County

tion adopting the ordinance (but not the
codified language itself) defined " virtual
gaming " as follows:
An activity during which a
person can experience being in a
three-dimensional
environment
and interact with that environment during a game, and the game
typically consists of an artificial
world of images and sounds created by a computer that is affected
by the actions of a person who is
experiencing it; and...[further provides that] Pokémon Go fits the
characteristics defined by virtual
gaming and is considered as such
by the standards of the DPRC.

Across the country, the unanticipated popularity of
Pokémon Go drew thousands of visitors to public parks
and places to play the game.

Parks except in those areas designated with a permit for such use by
the Director of the Department of
Parks, Recreation, and Culture [the
'DPRC']. Permits shall be required
before any company may introduce
a location-based augmented reality
game into the Parks, effective January 1, 2017...
Game activity shall only occur
during standard park hours, unless
otherwise authorized by the DPRC
Director, who has the authority to
designate special events and activities within the Parks outside of the
standard operational hours.
The ordinance did not define the
term " location-based augmented reality games, " although it implied that
Pokémon Go is such a game. The resolu-

The park permit application process
was described on DPRC's website for
companies that create and promote
such game, including plaintiff Candy Lab, Inc. That process included an
internal review by the DPRC to determine the appropriateness of the application based on site selection, protection of rare flora and fauna, personal
safety and the intensity of game activities on park lands.
The DPRC website noted that the
" Milwaukee County Parks 2017 Special Event Application " (the " Permit
Application " ) was required for " virtual gaming. " The 10-page Permit Application requested a large amount of
information about a proposed event,
such as estimated attendance, location within the park, event dates and

W W W. PA R K S A N D R E C R E AT I O N . O R G | N O V E M B E R 2 0 1 7 |

Parks & Recreation

November 2017 - Parks & Recreation

Table of Contents for the Digital Edition of November 2017 - Parks & Recreation