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Discrimination by a government agency? How to proceed...

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jeanniebell

Junior Member
What is the name of your state (only U.S. law)? Florida

In July 2012 my group filled out a special use permit with the Department of the interior, Florida's Canaveral National Seashore in particular for a surf, paddle board, and a beach 5k event to benefit Shriner's Children's Hospital. We applied for this event knowing that we were approved for the same event years ago with no negative blemishes.

I had sent an email to the administrative assistant to the Park Service outlining abstract events and attendance. In a weeks’ time, I picked up the application at the office of the Park Service and spoke to the administrative assistant to whom I sent the mail and was told that the Superintendent would not approve the permit. I asked why and I was told it didn't meet the mission of the park. I explained that the event had precedent and was approved then what was different now? The assistant could not answer my question and said I should make a good presentation, pay my $50.00, and wait to meet with the Superintendent.

We filed a comprehensive application complete with aerial views, parking plan, itinerary, detailed summary of concessions, offered a 1 million dollar per occurrence liability policy, and a full outline in our cover letter. The amount of participants were 400, the amount of vehicles were 125. The time frame for the event was during the lowest visitation of the year where visitor counts plummet 60%.

Within 5 days, we were sent a vague letter of denial citing 1975 enabling legislation of the seashore quoting "was not intended for high-density use" even though my first event was post 1975 legislation. I asked for an appeal and was told that "there is no appeal when it was determined that the permit did not meet enabling legislation". I found that in fact there is an appeal process and took the denial to the Southeastern Director who upheld the decision citing the same vague language of enabling legislation and saying he had reviewed previous permits for the last 5 years and found no evidence of a similar approved event of that type or scale.

I then requested copies of all approved and denied permits over the last two years under the freedom of information act. Within these documents, I retrieved a permit approved by Canaveral National Seashore in its north district executed 5 months earlier for a 5k run. Amount of participants? 400. Amount of vehicles? 100. Selling products? Yes. Were they charged an application fee? No. I have dozens and dozens of documents and exchanges, emails, and other documentation to support what I believe is out right bias and discrimination of our user group on federal land even though I have precedent for such an event. How do I proceed here? The same amount of participants and vehicles, same legislation, yet runners get approved, don't have to pay the application fee and our special use permit gets denied and refused any opportunity to revise or mitigate any perceived problems on an event that meets everyday use of the seashore. Where do I go from here?
 
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OHRoadwarrior

Senior Member
This is an issue you should take up with your congressman and senators offices. Going any farther up the Park Service chain will just create more bad feelings there. You are running into a convergence of govermentium and administratium, the only known cure is a powerful politician.
 

Mass_Shyster

Senior Member
You can file for a Writ of Mandamus in the nearest Federal District Court, requesting the court to order the Department of Interior to issue the permit. If your "group" is a protected class, you may be able to get help from the ACLU, otherwise, you'll be picking up the tab yourselves.
 

jeanniebell

Junior Member
While I have posted this to my Senators office, this is an election year and perhaps things such as these get placed on a back burner. The Park Service refuses any dialog on the matter after several attempts to mediate. This "selective approval" approach by itself defines discrimination of a user group. Keep in mind that there is precedent for this event of which an accommodation from the Park Service was issued for "A Job Well Done" raising thousands of dollars for civic organizations who help with the less fortunate. Our permit mimicked the previous event in it's entirety. If I could just get this in mediation or, in front of a Federal Judge, there is no question in my mind how he would rule. Where do I start and what kind of attorney handles such cases? This is a really big deal in our community and we have allot of support to move forward on this. Newspapers and others have done stories as to such but this latest revelation about awarding permits of the same scale to runners and not surfers is not sitting well with any of us. And no, we are not a minority group so...I already thought of the ACLU.
 

Mass_Shyster

Senior Member
This is a really big deal in our community and we have allot of support to move forward on this. Newspapers and others have done stories as to such but this latest revelation about awarding permits of the same scale to runners and not surfers is not sitting well with any of us. And no, we are not a minority group so...I already thought of the ACLU.
Surfers are not a protected class, so you'll end up arguing equal protection rather than discrimination. It's a harder battle on your end. You can claim that the law is vague and leaves too much discretion to the Superintendent. All they have to do is come up with any valid reason for denying your permit, and they will prevail.

Your best bet is to contact a lawyer who handles civil rights cases, as much of the procedure would be the same.
 

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