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Preemption over town/city/county parks?

skidmark

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Joined
Jan 15, 2007
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The case cited was specific to Lee County and can at best be used for other buildings that have both court and non-court county government offices within the same building.

To give you an example, the John Marshall Courts Building in downtown Richmond houses not only the General District and Circuit Courts but several other City department offices. Per the decision in Lee County v. Edward Bacon the "courthouse" areas in the John Marshall building should start as you get off the elevators or open the stairwell doors on those (i think it is three)floors. The rest of the building should not be restricted as to items prohibited by law or local court rule -- yes, judges can say what does or does not come into their baliwick. Some have, for instance, ruled "no flip-flop sandals" just because they hate the noise they make.

Until and unless someone challenges the situation it will continue to fly in the face of what should be settled case law. That someone needs standing - to have actually been affected by the way the locality handles things as opposed to how it should have been under Lee County v. Edward Bacon. As I try to stay out of courthouses on general principles, I am not a likely candidate to press the issue.

stay safe.

skidmark
 
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