XPost: alt.politics.usa.congress, alt.atheism, talk.politics.misc   
   XPost: alt.politics.usa.democrats, alt.politics.usa.republicans   
   From: Intelligent@savetheworldmsn.com   
      
   All Public School Athletic Facilities should be clearly marked "Open to the   
   Public   
   - For Public Use, 24/7/365 (When not in use by a reserved or School event)"   
      
   As many as over 50% of our Public School Outdoor Athletic Facilities are   
   closed to   
   public use at all times.  This is illegal, according to the correct code PC   
   626,   
   which stipulates only that disruption of school or reserved activities is a   
   crime.   
     All fences and signs obstructing entry onto school fields and tracks and   
   tennis   
   courts, as well as outdoor campuses and parking lots, constitute Traffic   
   Barriers   
   and are patently illegal.  For it is not illegal to be on the campuses, nor   
   their   
   courts and fields, the signs and fences are therefore merely obstructing   
   pedestrian traffic   
      
   Traffic Barriers are illegal in the State of California, according to case law,   
   and this applies to all public Roads, Parks, and Parking Lots.  While it may or   
   may not be legal to charge entry fees, (as a separate matter) entry may not be   
   barred at any period of time.  Traffic lights constitute "Traffic Flow," and   
   are   
   not "Traffic Barriers."  A "Traffic Barrier," is a sign saying "No Right Turn   
   for   
   1/2 hour," and illegal.   
      
   Exercise is essential activity.  Our public Tax Dollars paid for these Courts   
   and   
   Fields and Tracks.  Please uphold the law by ensuring no one is barred entry to   
   California State Public Schools, outdoor campuses, which constitute Open Public   
   Parks when not in use.  Securing removable property, within reason, may be a   
   separate matter.  Meaning classrooms and the Public Library may be a separate   
   matter.  As well as parking lots solely for buses.   
      
   There are in fact, only running tracks at Schools, in our State.  Outdoor   
   running   
   is extra-essential exercise, because of fresh air, and all runners start out   
   on a   
   track.   
      
   This applies to all K-12 Schools, California Community Colleges, Cal State, and   
   the University of California.  [Private Schools could potentially be addressed   
   through the principle of Regulation of Commerce, if you cared.]  The   
   University of   
   California Berkeley, used to have its Running Track open to the public, for   
   over   
   ten years.  It then resurfaced it, and made its Running Track part of its   
   Recreational Sports Facility, which charges a thereby bundled fee with its   
   other   
   facilities, and an unreasonably high fee at that.  But moreover, this   
   Recreational   
   Sports Facility is not for sale to the public, but only to Alumni, and Staff,   
   and   
   Students - who have it as part of tuition.  This was not the decision of the UC   
   Regents, but of some hired staff member, no doubt.  The track at UCLA remains   
   open   
   to the public, last I checked, and I have run at both these tracks, many times,   
   being a graduate of both these Universities.   
      
   There are metal plaques in the cement at UC Universities saying "Property of UC   
   Regent, Right to Pass Revocable."  Yet PC 626 - "Disruption" - still applies to   
   these Universities.  Is the right to pass really revocable?  Are these not   
   misleading signs?  Can the UC Regents, and the Cal State Regents as well,   
   legally   
   close off the entire campuses to all BUT Students and Staff, without ANY   
   special   
   reason such as construction or some kind of danger?  Are you to continue to   
   preside over such violations of the commonwealth, and public rights to free   
   non-disruptive use of categorically public lands?   
      
   I would say they are not the private property of the UC Regents, but public   
   property administered in service to the public by the UC Regents, and all such   
   signs and barriers are misleading.   
      
   Sincerely Yours,   
      
   Note: all park and school bathrooms open to the outdoors should be open at all   
   times as well, (and ALL retail stores should be required to have public   
   bathrooms   
   open to the public as well).   
      
   And all city parks and county parks (as well as any streets, parking lots, and   
   parking) traffic barriers, ought to be over-ruled by this principle of traffic   
   barriers being illegal. i.e. a special reason must be required and stated, for   
   any   
   barriers.  Both fences and signs are barriers to legal pedestrian traffic on   
   all   
   public property without special reason.  These special reasons should be   
   serious   
   enough that the state code addresses them.  That is, akin to, no trucks over so   
   many pounds on this street or bridge.  Not prejudice.  Reality and fact.   
      
   Even pools must be open at all hours, whether or not they require any fees to   
   use.   
   So I guess this means the RSF at UC Berkeley has to be for sale to the general   
   public.  - or at least the pools do; perhaps not the weight room?   
      
   There are high school pools that sit closed on the weekend.  It's not like your   
   going to drown in a pool.  So many people have pools, this is laughable.  An   
   unlocked gate could stop a little child.  These campuses are already protected   
   from liability, and they can put more extensive signs about swim at your own   
   risk.   
     BUT - the students at UC Berkeley, already can barely use the pools, because   
   there are already too many people.  It doesn't mean the public doesn't have an   
   _equal right_ to buy and use, if you want to because you live in that   
   neighborhood.  The University can put in more facilities.   
      
   Is the whole point that they're charging the staff and alumni to use the RSF   
   completely a crime, and it has to be open to the entire community (and thereby   
   public) anyway?  And Los Angeles city pools, can they charge but must remain   
   open   
   all night, regardless of lack of fee collectors or lifeguards?  Not like you   
   really need a lifeguard - you use your own pool without one, and you pay the   
   subway fee without an in person collector.  So I conclude they must be open all   
   night, but can they charge fees?  And can the subway and bus charge fees?   
      
   Also, private parking lots of shopping centers become public property when   
   open to   
   the public, and the cities aren't respecting this either, but have "No   
   Loitering"   
   codes, apparently, as if they could have "no loitering" at the beach or park.   
   When   
   the private parking lots are below a percentage full, they as of right, it   
   ought   
   to be recognized that they become public parks, and those sleeping the night in   
   RV's, or vans, are not to be disturbed, upon pang of "disturbing the peace,"   
   and   
   "criminal harassment."  The Federal 9th Circuit Court of Appeals has already   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)