Action to Gain Access to Public Baseball Fields

[sidwid]

What is the name of your state (only U.S. law)? Massachusetts

Seeking opinion on the chance of success of bringing suit against my local town to gain access to public baseball fields. Short story: I live in the town as do all of the players on my team. Our team does not participate in the league that the town uses as their competiitve league. Instead we play in an open league we consider "better". The town has consistently denied us access to use the baseball fields in our town for practices and/or games on the basis we don't play in their sanctioned league. They won't even tell us when the fileds are open. We wander around town and other towns trying to find fields to practice on. The fields in town were built by and are maintained by the town and not their sanctioned league. We've been to the town selectman and recreation department and have had no success in getting scheduled practice time or games on the town fields.

 

[Mass_Shyster]

I would start with a petition first.

If that fails, go ahead and file a lawsuit based on your constitutional right to equal protection under the law. My guess is the suit would fail, but the town will grant access rather than spend $100,000 fighting you. Be prepared to spend $100,000 in legal fees.

 

[CdwJava]

While you may not be permitted to play games there, if the fields are open to anyone when not in use by the pre-scheduled leagues and teams for games and practices, you might be able to just show up and practice.

What about asking the local schools for the use of their fields?

If the fields are open to the general public, then they are open to you, too. Find out when the fields are being used for practices and then fill in the blanks.

Clearly the city has a special arrangement with the other league. Likely, they have a contract or MOU with that league or the teams and thus they get first dibs. In my city it is much the same with the Little League - they have first dibs on any fields. If someone wants to use a field they have to clear it through parks and rec. and then work out the scheduling with the Little League to make sure there is no conflict. We have American Legion games that will be going on at about the same time as Little League, so the fields get busy ... which is also why the AL teams also tend to use the fields of some of the local schools.

There are options, you just have to look for them. The city s under no obligation to provide you with a place to practice or play.

 

[sidwid]

Thanks for the thoughts, but are they not obligated to treat the citizens equally with regard to access? I get that they don't have to provide a field to anyone (they didn't even need to build the fields), but once they did with my tax dollars and once they go down the path of providing formal access to some, aren't they obligated to treat everyone equally? What authority to does the recreation department have to provide preferential treatment (scheduled times and days and fields) to some residents and force the other residents to find their own? As to finding our own, the recreation department won't provide the schedule of what's available and when. We have sought out and gotten fields in other towns, but there's a cost to that both in real dollars and time spent traveling back and forth. Obviously not the most important issue for local government, but it just feels very wrong, and is being done with the intent to make our lives difficult so we quit our leagure and play "in-town".

 

[Zigner]

Thanks for the thoughts, but are they not obligated to treat the citizens equally with regard to access?

Sure they are - and they do. Your group has the right to negotiate a contract or MOU with the city that would give your group access.

 

[Mass_Shyster]

are they not obligated to treat the citizens equally with regard to access?

It depends on the grounds under which they are discriminating. If it is based on race, alienage or citizenship, the government must show that the law is narrowly tailored to achieve an important goverment interest (strict scrutiny), or it will be held unconstitutional.

If the discrimination is based on gender or legitimacy, the government must only show that the law will further an substantial government interest. (mid -evel scrutiny).

If the discrimination is based on anything else (including membership in the sanctioned league), the complaining party must show that the law serves no reasonable purpose. (rational basis)

Call you tell I just took my con-law final?

 

[tranquility]

While you may not be permitted to play games there, if the fields are open to anyone when not in use by the pre-scheduled leagues and teams for games and practices, you might be able to just show up and practice.

Most cities I've seen have a statute requiring a permit to either use the field or to have a gathering of such and such amount. (Usually, just below what a team would practice on.)

The problem with the OPs equal protection argument is that the city only needs a rational basis even under equal protection claims. "It would hurt our league" or, the "additional use would damage the field" or, maybe, "we want to make sure we are insured for those who want to use the field" or any of a million reasons.

Sorry, but even if the reason is because they want you to play there so they will get more money so that they can pay the guy who mows the lawn more is a rational basis.

 

[xylene]

You wanting a scheduled time is not equality under law.

Individuals have civil rights... not amateur baseball teams.

 

[sidwid]

More information although I don't believe it changes any perspectives. I've been given the master list of fields available in town, who is using them and when, and a request form. What's intersting is that I'm being asked to pay a fee for use (the in-town teams are not) and am not being given access to one of the fileds even thought it's clearly open for reasons of limiting "wear and tear".