Parks & Recreations

League members may also request an opinion directly from the League via email. Please include the subject heading and number when making such a request.

69. Municipal ordinance that imposes permit requirement on all groups of 50 or more persons and those using sound amplification devices for use of public park without regard to what a speaker might say is a content-neutral restriction on the use of a public forum and is constitutionally sufficient restriction even though noncompliance with permit approval criteria may be waived by administering official where application inadequacies do not undermine the policies furthered by the criteria and such waivers are not used to favor particular speakers. Thomas et al. v. Chicago Park District, 70 U.S.L.W. 4091 (2002). 1/31/02.

70. The First Amendment Free Speech Clause does not provide a constitutionally protected right that entitles a religious group to place a permanent monument in a municipal public park because permanent monuments placed in public parks with government approval after government review for consistency with specified government content standards represent government speech, not private speech, which is not within the scope of the Free Speech Clause of the First Amendment and not subject to free speech forum analysis. Pleasant Grove City, Utah v. Summum, ___ S.Ct. ___, 2009 WL 454299, 09 Cal. Daily Op. Serv. 2261, U.S., February 25, 2009 (NO. 07-665). 2/27/09.

71. Summarizes DOJ publication explaining the requirements in sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design which require local governments to provide accessible entry and exit to existing swimming pools, wading pools, and spas. The deadline for complying was extended for 60 days ‑ from March 15, 2012 to May 21, 2012. 3/31/12.

72. On March 1, 2012, a helpful change to Wis. Admin. Code, ch. NR 51, took effect clarifying that "playgrounds" are grant-eligible support facilities for nature-based outdoor recreation under the Stewardship grant program. Chapter NR 51 establishes applicant and project eligibility standards that are used by DNR in awarding Stewardship grants to local units of government for land acquisitions and development projects. 3/31/12.

73. Article reviews and discusses the role of Wisconsin park boards in city and village government, open meetings law, the ethics responsibilities of park board members, and constitutional, federal, and state law limitations on park board authority.  03/08/17