Expert: Michael Troy - 3/1/2008

Question
Our community denies parking to non residents including a World War ll Veteran at our tax exempt public park because they say it is crowed and he does not pay local property taxes. In Michigan the law defines "public" in reference to public parks as all the residents of this State. Can certain members of the public be denied equal access because of their Michigan residency?  Doesn't everyone have an equal right to express there 1st Amendment Right of Free Speech in a public park? If you deny parking to "outsiders" doen't that put them at a distinct disadvantage?

Answer
Hi Joe,

Please keep in mind that I cannot provide specific legal advice in this forum.  I am happy, however, to speak generally on the matter.

The First Amendment's guarantees do not extend to free parking.  Even on public property, governments may restrict access.  As far as discrimination against nonresidents, this is common, accepted, and permissible in most circumstances.  It does not violate the equal protection clause under normal circumstances.  Many governmental benefits are available only to residents of a particular jurisdiction.  The right to attend the local public school is a common example of this.

As unfair as you find this rule, it does not appear to me to raise any Constitutional issue.

Sorry.