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Thread: possible preemption violation
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August 24th, 2011, 10:34 AM #1
possible preemption violation
I posted this in the Franklin co forum but there hasnt been much traffic in there lately and I want to get more opinions.
Its concerning Renfrew park.
http://www.renfrewmuseum.org/index.html
Their site clearly states no firearms on property. My question concerns who owns and operates the park.
It seems that the borough of Waynesboro owns the property but a private endowment operates it.
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August 24th, 2011, 10:48 AM #2
Re: possible preemption violation
If it is a public park, I think they might have a bigger issue than preemption.
20. Any events or promotions that are political in nature are prohibited from this park.Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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August 24th, 2011, 10:54 AM #3
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August 24th, 2011, 10:59 AM #4
Re: possible preemption violation
I suspect it would be easy enough to call someone locally and ask some questions. See what you find out then post.
If they are in violation, they need to fix it.
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August 24th, 2011, 12:26 PM #5
Re: possible preemption violation
I went over to visit them.
The park is owned by the city and the city leases it to a private corporation who takes care of it.
The lease was drawn up before preemption I dont know the specifics of the lease agreement, its possible there are clauses in it that insure the use of the property as a park and there are probably clauses that say something to the effect that the leasor must adhere to the laws regarding parks.
Until someone corrects me, my feelings are that leasor's rights prevail over mine.
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August 24th, 2011, 12:32 PM #6
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August 24th, 2011, 12:41 PM #7
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August 24th, 2011, 01:00 PM #8
Re: possible preemption violation
If the property is leased to the private entity then preemption doesn't apply. The private entity is the one making the requirement, which is legal as a right of the licensee(tenant).
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Don't end up in my signature!
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August 24th, 2011, 01:03 PM #9
Re: possible preemption violation
Renfrew is not listed as a designated park area on the boro's website.
However, if you want a pre-emption fight read their rules for the parks that they do acknowledge:
The following are designated as park areas in the Borough of Waynesboro:
Memorial Park
Northside Park
Northside Pool
Mt. Airy Avenue Park
Franklin Street Park
Rotary Park
Municipal Golf Course
...
16. No firearms of any type shall be permitted to be carried or discharged in any park. Trapping is prohibited in any park.
...
APPROVED BY BOROUGH COUNCIL ON JULY 19, 1978.
MODIFIED - July 15, 1981, October 5, 1988, May 19, 1993, June 3, 1998, April 16, 2008.
http://www.waynesboropa.org/parksrules.htm
P.S. If leased, the Boro is the 'lessor' and Renfrew Museum and Park Organization would be the 'lessee'.IANAL
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August 24th, 2011, 01:03 PM #10
Re: possible preemption violation
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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