City proposal would limit park use
Hey you, creepy potential child predator. Back away from the tot lot.
Same goes for you, 13-year-old who wants to play on the monkey bars.
The city is looking to limit how close those older than 12 can get to playground equipment in city parks, sparking yet another feud with civil liberties activists.
The proposed ordinance would make it a misdemeanor for those in their teens and older to "enter and remain" within 100 feet of children’s play equipment.
Exceptions do apply.
Anyone who is a parent, guardian or supervisor of a wee one in the playground is exempt.
Also exempt are those playing or watching athletics on a nearby field or court.
Chief Karen Coyne, director of Detention and Enforcement, said an adult is allowed to stand at the edge of a playground, within arms’ reach of children.
"This is a buffer to protect our children," she said.
The American Civil Liberties Union of Nevada would beg to differ.
"It’s pretty ludicrous. This is obviously in the same vein as other city attempts to restrict access to park space," said staff attorney Lee Rowland.
Rowland said the law is unconstitutionally vague and would lead to selective enforcement by Las Vegas police.
Legal issues aside, what about those who never outgrew their love for the seesaw?
"From a common-sense point of view, it’s shocking that government would make it so anyone 13 or 18 or above 18 can’t lawfully enjoy themselves on a piece of playground equipment," Rowland said. "I still enjoy swing sets. Now it’s a misdemeanor for me to take a swing? I find that offensive."
City marshals have the discretion to warn, cite or arrest offenders, according to a city statement.
Rowland said the 100-foot bubble around children’s play equipment would remove from use large parts of many of the smaller parks.
The city has struggled to figure out how to reopen Huntridge Circle Park, which has been closed since November, when one homeless man stabbed another one there.
Coyne said the goal of the ordinance is to protect children.
"This is aimed at … giving protection for our children as they carefreely play in the city," Coyne said.
Those older than 12 are already prohibited from playing in areas that have been designated as children’s parks.
This isn’t the first trip to the constitutional rodeo for either the city or the ACLU.
The ACLU has successfully fought city restrictions on passing out materials at the Fremont Street Experience.
It won a ruling that declared a city ordinance banning feeding the homeless in parks unconstitutional, and it is challenging a city requirement for permits for park gatherings of 25 people or more.
In the past, the city has argued that officers use their discretion when it comes to enforcing ordinances. Police don’t normally pull over someone for going 1 mph over the speed limit.
But Rowland said City Council members should be responsible for crafting constitutional ordinances.
"It’s not up to police to take unconstitutional laws and apply them constitutionally," Rowland said.
The ordinance is only in draft form. It will go to the Recommending Committee on June 5, before the committee decides whether to make changes or forward it to the City Council.
