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Wednesday, June 24, 2009

Ind. Law - "Public parks, private purposes" [Updated]

Andrea Neal, former editorial page editor of the Indianapolis Star, has a definitely worth-reading in full opinion piece today on the use of Military Park. It begins:

Long before it was fashionable to advocate for parkland and civic space, Indiana's founding fathers wrote the idea into our constitution. The framers didn't want future generations selling off prime public land: the Statehouse, Monument Circle or Military Park, in particular. So in Article 15, Section 9, they declared those properties "shall not be sold or leased."

That language is why Indianapolis activist Clarke Kahlo has challenged the fencing off of Military Park in Downtown Indy for special events that charge admission. "Essentially, Military Park has been privatized," Kahlo argues. "They're allowing it to be controlled by private entities contrary to the Constitution."
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Donated to Indiana by Congress in 1827, Military Park was the city's first public park and site of the first State Fair in 1852. The 14-acre green space, referred to then as the Parade Ground, was used during the Civil War as a marshalling area for Union troops.

On any given day, you might find joggers or picnickers there, but some weekends it's closed off for functions. A recent example was the June 6 Vintage Indiana, "a festival of wine, food and fun," for which tickets cost $25. Next up, Eiteljorg Museum's Indian Market and Festival Saturday and Sunday. Tickets are $8 in advance, $10 at the gate. Then there's Rib America Fest 2009 on Labor Day weekend -- $5 general admission and "no food or beverages allowed." Organizations that rent the park pay fees based on the size of the crowd and their not-for-profit or commercial status.

Although the dictionary defines lease as "a contract granting use or occupation of property during a specified period in exchange for a specified rent," the state says short-term events are fine. "We believe these types of uses are not 'leases' and do not violate the Indiana Constitution," the attorney general's office said. Robert Whitt, executive director of White River State Park, said the commission collects about $250,000 a year renting out the park and other commission-operated facilities.

Marcia J. Oddi, editor of the Indiana Law Blog, said a similar division of opinion existed at the constitutional convention of 1850-51.

For background, see this ILB entry from Feb. 8th, headed "Ind. Law - Is the State of Indiana violating the Constitution in its use of Military Park?."

[Updated 6/25/09] And don't miss the "Readers' Comments" at the end of this Star article.

Posted by Marcia Oddi on June 24, 2009 08:00 AM
Posted to Indiana Government | Indiana Law