possible preemption violation

[ray h]

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.

[streaker69]

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.

[ray h]

If it is a public park, I think they might have a bigger issue than preemption.

Yes, after reading through their rules, it appears they operate as a private park.

[TheF00L]

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.

[ray h]

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.

[Finch00]

Until someone corrects me, my feelings are that leasor's rights prevail over mine.

lessors rights don't or at least shouldn't prevail over your safety

[ray h]

lessors rights don't or at least shouldn't prevail over your safety

They dont, I still have the right to not go there "for my safety"

[knight0334]

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).

[tl_3237]

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'.

[streaker69]

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).

So what would stop townships from leasing all their parks to a private organization for $1/year just so they can side step preemption laws?