imported post
So I think this is the form you use to "rent" (reserve) a Seattle park for an event..
http://www.cityofseattle.net/parks/reservations/Docs/usepermit.pdf
Note on the last page the following:
"Laws and Rules:
The User shall comply with all state laws, City
ordinances, regulations of the Superintendent of Seattle Parks
and Recreation (Parks) applicable to activities in City parks,
and any lawful order of a Departmental representative made to
prevent injury or damage. No lewd conduct or gambling devices
are permitted on the premises."
And right after that is this gem:
Responsibility: The User assumes responsibility for all
activities it conducts during the event, including but not
limited to,
supervision and control to prevent injury or damage;
maintenance of the premises during the use; picking up bottles,
debris and refuse; and providing security to maintain order.
Parks disclaims any liability from, and the User agrees not to
hold Parks liable for, all harm that may arise from the event
authorized by this permit.
Since Seattle parks still has the "no firearms" wording on their signs and assumably in their parks ordinance, no wonder the fireworks people think they can enforce a firearms ban during their event.
But the wording of the application doesn't say anywhere that they can make up their own rules, nor is there any mention of a true landlord/tenant relationship. Perhaps the final documentation that is signed after the event reservation is granted does?
I'm no lawyer, but it seems that public property is public property, and the laws of the state apply. But then again, this is in Seattle, the city that wants to secede from the state.
Edit to add: From what I gather, you get and pay for a "permit" to use the park for an event. It says nothing about entering into a rental or lease agreement. Anybody want to FOIA the documents related to the permits granted for the fireworks at gasworks park?
Also "funny" on the permit app is they give you a fee discount if the event is a 1st amendment protected activity. Then it goes on to say how the city has the right to regulate your pricing if you are selling goods at your event. Classic. They support the 1st Amendment, then proceed directly to the twilight zone.:uhoh:
