Q: Looking to understand the definition of "Commercial activity"
In the city we live in Clermont, Fl, the park rangers and their leader, parks and recreation director, are trying to prevent us from assembling in a public park (Waterfront Park)
The claim is that we are considered commercial activity. They are asking us to fill out waivers, background checks and pay a fee.
All we are doing is meeting in the park to work with the kids on proper exercise technics. The gentleman that started it is a PE Teacher at a local elementary school and the other is a Principal at a local school as well. Both were track and football stars in high school and college.
Their time is donated and there is no fee to any child to participate. It isn't even mandatory. They want the kids to enjoy the time so they tell them to stay home if they don't feel like coming out. Parents are requested to stay a d at times help in the process to get them involved as well.
The group differs in size but is typically around 20 to 25 people, all social distancing rules are followed
A: The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against your group may be legally challenged. That could start by hiring a lawyer to try to persuade them that they are legally in the wrong, with the threat of a lawsuit if they don't cooperate. Another avenue to try is speaking to your city commission/council representative and/or mayor and/or city manager.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
