Partial/temporary closure for sports?

[johnwaters]

Two questions for consideration:

1. Is there a way for local govt to keep public parks open, but bar firearms from sports facilities when sanctioned events are in progress? I think Pigeon Forge has struggled with this - they apparently risk losing TSSAA events if they don't implement a ban for those events. Also, the most common and vocal objection I have heard seems to be to allowing people to carry at sporting events. (There is some validity to the observation that folks, especailly parents of participants, can become irrational at ballgames.)

2. Obviously, there would be complexities involved in drafting legislation and it would be a concession. Restrictions are restrictions, but if this could keep lots of parks open that would be otherwise closed, it might be worth it. If it is possible, is it worth trying to set it up so it works as well as feasible?

John Waters
jwaters@lrwlaw.com

[JayC]

[johnharris]

I would think that there are a few options.

First, the cities could let the parks remain open relative to 39-17-1311 (the parks statute) but post the ball diamonds under 39-17-1359 which could be done in areas rather than the entire park. At present, 39-17-1311 does not provide that it is the exclusive option.

Second, I would assume that the parks could ban possession under the criminal trespass doctrine so that portions are "noticed."

Third, while 39-17-1311, provides that the entire park is opened or closed, there is nothing in that statute that prohibits the local government from doing so on conditions such as "weekends only", between the hours of noon and 7 pm, or even on specific dates. The signs could be put on temporary posts such as used for crowd control and placed out and removed depending on the event.

Lot's of options but few are even discussing them.

[JayC]

[johnharris]

The language is correct as you note Jay. I amend my reply.

[JayC]

[GKar]

Saw an article in today's (7/27) local rag that quoted an AG opinion also of today indicating that if a park is used for a school function or event, carry would be prohibited...however, it did make an allowance that permit holders would be allowed to legally store firearms in their car on that property.

[JayC]