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PageID #: 1
: Judge
Plaintiff,
:
v. VERIFIED COMPLAINT FOR
: DECLARATORY JUDGMENT,
Board of Park Commissioners of the TEMPORARY RESTRAINING ORDER,
Cleveland Metropolitan Park District : PRELIMINARY AND PERMANENT
INJUNCTION AND NOMINAL
And : DAMAGES
Now comes Plaintiff Alison Abdul-Kareem and for her Complaint against the Cleveland
Metropolitan Park District and the Cleveland Metropolitan Park District employees whose
INTRODUCTION
1. This is an action for declaratory judgment, temporary restraining order, preliminary and
permanent injunction, and damages arising from the unconstitutional actions and polices of the
Board of Park Commissioners of the Cleveland Metropolitan Park District, and multiple Park
District law enforcement officers whose identities are currently unknown, but will become known
2. This action arises due to the Plaintiffs efforts and desire to engage in core political speech
within the grounds of a public park maintained by the Park District The Park Districts policies, as
well as the associated actions of numerous Park District law enforcement officers, have denied and
continue to threaten to deny Plaintiff (as well as other members of the public) the free and
unrestricted use of the traditional public fora, specifically, the public area of Edgewater Park, all
in violation of the First and Fourteenth Amendments to the United States Constitution.
3. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. 1331, as
this action arises under the First and Fourteenth Amendments to the United States Constitution;
under 28 U.S.C. 1343(a)(3), in that it is brought to redress deprivations, under color of state law,
of rights, privileges and immunities secured by the United States Constitution; under 28 U.S.C.
1343(a)(4), in that it seeks to recover damages and secure equitable relief under an Act of
Congress, specifically, 42 U.S.C. 1983, which provides a cause of action for the protection of
civil and constitutional rights; under 28 U.S.C. 2201(a), to secure declaratory relief; under 28
U.S.C. 2202, to secure preliminary and injunctive relief and damages; and under 42 U.S.C.
4. Venue is proper within this judicial district and division pursuant to 28 U.S.C. 1391(b)
and Local Rule 82.1, as (i) the Defendants are situated within this judicial district and division;
and (ii) all of the claims asserted by Plaintiff arose within this judicial district and division.
FACTUAL ALLEGATIONS
County, Ohio.
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DISTRICT (the Park District) is a political subdivision organized under the laws of the State
of Ohio.
7. Defendants JOHN DOES #1-15 (the Park Rangers) are park rangers, who are members
of the law enforcement division of the Park District whose identities are currently unknown to the
Plaintiff, but will become known in the course of discovery. The Park Rangers are charged with
enforcing the Park Districts regulations, including those regulations at issue in this matter.
8. The Park District was established in 1917 and consists of over 22,000 acres of land,
9. Edgewater Park is a public park maintained by the Park District that consists of
approximately 146 acres, which includes 9,000 feet of shoreline, beaches, boat ramps, a
fishing pier, picnic areas and grills, and a recently constructed Edgewater Beach House.
Edgewater Park attracts visitors from throughout Cuyahoga County and the surrounding area.
10. The actions of the Defendants as described herein were undertaken in and under the
11. The Park District has established a policy, practice, and procedure requiring that, among
other things, people who wish to engage in First Amendment Activities within public parks
must first apply for and receive permission. A copy of the Park Districts First Amendment
12. The above referenced policy is enforced by the Park Districts law enforcement officers.
13. Among other things, Park Districts First Amendment restrictions limit the exercise of
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14. Of the 146 acres of land that make up Edgewater Park, the Park District permits First
Amendment Activity within one picnic area described as Upper Edgewater Near Statue.
15. The Park District requires that an application for a permit to engage in First Amendment
activity be made not less than one week before a person intends to engage in First Amendment
16. The Permit Application requires that a person who wishes to engage in First Amendment
Activity within the grounds of a public park first provide her name, address, and telephone
number.
17. Additionally, the First Amendment Conditions of Use provides that, Individuals failing
to meet any of these conditions of use will be asked to leave, and future permits may not be
18. The First Amendment Conditions of Use further specifies that, Soliciting or selling is
not permitted. The transaction of money, goods or services is strictly prohibited. Thus, the
decriminalizing marijuana possession before the voters of Cleveland on the November 2017
ballot.
20. Initiative petitions efforts are activities afforded protection under the First Amendment
21. In support of such efforts, on July 27, 2017, at approximately five p.m., Abdul-Kareem
was present at Edgewater Park soliciting signatures in support of the foregoing ballot petition
effort.
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22. Abdul-Kareem did not apply for a First Amendment Activity permit prior engaging in
First Amendment activities, and does not wish to apply for or obtain a First Amendment
23. On the evening of July 27, 2017, Edgewater Park was host to the Edgewater Live music
series, a concert series running Thursday evenings for ten weeks in Edgewater Park.
24. In 2016, Edgewater Live attracted approximately 100,000 people, and has been touted
as one of the main events that will draw Clevelanders to the space. See, the June 1, 2017
Cleveland Scene Article, Take a Look at Edgewater Park's New Multi-Million Dollar Beach
25. Abdul-Kareem positioned herself in an area of Edgewater Park open to the public but
outside the designated First Amendment Area. Specifically, Abdul-Kareem stationed herself
on a walkway near the recently opened Edgewater Beach House (See attached Exhibit C which
approximate location of the designated First Amendment Activity area in relation to Abdul-
minute walk from the designated First Amendment Activity Area to Abdul-Kareems chosen
location.
27. Abdul-Kareem specifically chose this location so as to interact with the numerous
Clevelanders who were drawn to the space by the Edgewater Live music event.
28. Had Abdul-Kareem stationed herself in the designated First Amendment Activity area,
she would not have had access to the audience she was trying to reach namely the attendees
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29. At no time did Abdul-Kareem threaten, harass, or intimidate other park visitors, nor does
she wish to. Once someone declines to sign the petition, Abdul-Kareem thanks them for their
time and wishes them a good day, Abdul-Kareem does not pursue or harass them in any way.
30. When soliciting signatures on the initiative petition Abdul-Kareem does not litter or
31. Abdul-Kareem is always willing to step aside while soliciting signatures and let others
pass by. She never attempts to block people as they pass by.
32. At no time did Abdul-Kareem enter into or propose to enter into any commercial
transaction with any other park visitor, nor does she wish to.
33. Shortly after commencing her efforts to collect signatures and communicate her
message, Abdul-Kareem noticed that her activities were being monitored by a Park Ranger who
34. Abdul-Kareem also noticed another Park Ranger who appeared to be monitoring her
36. Notwithstanding Abdul-Kareems presence in a public park, the Park Rangers, acting to
enforce the regulations described above, declared to Abdul-Kareem that that Park District rules
prohibited her from soliciting signatures within the park grounds without a permit and
37. One Park Ranger demanded that Abdul-Kareem produce her drivers license and Abdul-
Kareem complied.
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38. Abdul-Kareem asked if she was being detained and a Park Ranger responded that Abdul-
39. Eventually, the Park Rangers returned Abdul-Kareems drivers license was returned to
her at which point Abdul-Kareem asked the Park Rangers if she would be arrested if she
continued to gather signatures in the park. The Park Rangers told Abdul-Kareem that she would
not be arrested.
40. In response, Abdul-Kareem walked approximately twenty feet down the path and
41. A few minutes later, while Abdul-Kareem was engaged with a person who was signing
the petition, a second group of Park Rangers approached Abdul-Kareem These Park Rangers
likewise declared that Abdul-Kareem was prohibited from gathering signatures in the park
without a permit.
42. During this second interaction, the individual stopped signing the petition prior to fully
filling out the required information. The individual quickly exited the area, presumably out of
43. During this second interaction, not only did Park Rangers approach on foot, but also in
official Park Ranger vehicles, and two Park Rangers approached on horse back, suggesting a
show of force intended to intimidate not only Abdul-Kareem, but any other citizen who may
44. Park Rangers surrounded Abdul-Kareem in an intimidating fashion, stood within a few
feet of her, and interfered with her constitutionally protected right to engage with members of
the public.
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45. Abdul-Kareem again informed the Park Rangers that she intended to continue gathering
signatures.
47. The Park Rangers actions caused Abdul-Kareem fear and anxiety and served to create
avoided.
48. Abdul-Kareems efforts to collect signatures on the initiative petition were frustrated by
the actions of the Park Rangers. As a result of the Park Rangers actions, Abdul-Kareem
49. Abdul-Kareem (as well as others) desires to collect signatures in support of the present
initiative petition effort (as well as future initiative petition efforts) in all public areas of
Edgewater Park, including without limitation, within the same part of Edgewater Park that the
50. However, in doing so, Abdul-Kareem, as well as others, risks the real and present
without limitation, the potential of harassment, intimidation and detention by Park Rangers due
to, inter alia, the direction and policies given to them by the Board of Park Commissioners of
COUNT 1
DECLARATORY JUDGMENT AND INJUNCTION
(28 U.S.C. 2201, et seq.)
51. Plaintiff hereby incorporates by reference the allegations in the foregoing paragraphs as
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52. Public parks such as Edgewater Park are quintessential public fora under First
Amendment jurisprudence, open to the public for the exercise of rights protected and guaranteed
53. The actions and policies of the Defendants in denying Abdul-Kareem (as well as others)
access to such forum, as well as the requirement that a permit be acquired prior to engaging in
First Amendment activity, fails to comply with the standards and requirements for the regulation
54. The actions and policies of the Defendants in denying Abdul-Kareem (as well as others)
access to such forum was taken in violation of the First and Fourteenth Amendments to the
Defendants, as well as the rights of others who might wish to freely exercise their First
Amendment rights in Edgewater Park, it is appropriate and proper that a declaratory judgment
be issued, pursuant to 28 U.S.C. 2201 and FED.R.CIV.P. 57, declaring unconstitutional the
actions of the Park Rangers and the policy and practice of the Board of Commissioners of the
Cleveland Metropolitan Parks District to prohibit activities protected by the First Amendment
in the public area of Edgewater Park, in general, and at the specific location where Abdul-
56. Furthermore, pursuant to 28 U.S.C. 2202 and FED.R.CIV.P 65, it is appropriate and
hereby requested, that this Court issue a preliminary and permanent injunction enjoining the
Defendants from enforcing the prohibition on advocacy by Abdul-Kareem (as well as others)
in the forum at issue, and that the Court award nominal damages to Abdul-Kareem as a result
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COUNT 2
VIOLATION OF THE FIRST AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION
(42 U.S.C. 1983)
57. Plaintiff hereby incorporates by reference the allegations in the foregoing paragraphs as
58. All acts alleged herein of the Defendants, their agents, servants, employees, or persons
acting at their behest or direction, were done and are continuing to be done under the color and
59. The policy and practice of the Board of Commissioners of the Cleveland Metropolitan
Park District of refusing access to a traditional public forum by Abdul-Kareem (as well as
others) is in violation of Plaintiffs First Amendment right to the freedom of speech and to
petition the government for redress of grievances and the Fourteenth Amendments right of
60. As a direct and proximate result of the Park Districts prohibition against the right to free
speech and to petition the government for redress of grievances in a traditional public forum,
Abdul-Kareem (as well as others) are suffering and will continue to suffer irreparable harm for
61. As a direct and proximate result of the Defendants acts in pursuit of the policy
prohibiting Abdul-Kareem (as well as others) from engaging in activities protected by the First
Amendment at Edgewater Park except within certain areas therein, and only after applying for
and receiving permission, Abdul-Kareem has had her political speech directed to the public
squelched, which has deprived her of her constitutional rights to freedom of speech as protected
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damages.
WHEREFORE, Plaintiff prays for judgment against Defendants and that the Court:
A. Adjudge, decree and declare the rights and other legal relations of the parties to
the subject matter in controversy in order that such declarations shall have the force
and effect of final judgment and that the Court retain jurisdiction of this matter for the
B. Pursuant to 28 U.S.C. 2201, declare that Defendants' policy and practice, as alleged
above, violates the First and Fourteenth Amendments to the United States
Constitution;
and permanently enjoin Defendants from enforcing their unconstitutional policies against
Plaintiff and others similarly situated now or in the future, order Defendants to provide
D. Pursuant to 42 U.S.C. 1988 and other applicable law, award Plaintiff her costs and
expenses incurred in bringing this action, including reasonable attorneys' fees; and
E. Grant such other and further relief, as the Court deems equitable, just and proper.
Respectfully submitted,
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Cleveland Metroparks
First Amendment Activities
Application
__________________________________________________________________________________
3900 Wildlife Way, Cleveland, OH 44109 Telephone: 216-635-3304 Fax: 216-661-3312
Please read the following carefully before completing the First Amendment
Activities Application. For additional information or assistance, please
contact Special Events & Experiences at Cleveland Metroparks by mail, fax,
or phone from 8:30am to 4:30pm, Monday Friday.
Refer to the First Amendment Activities Conditions of Use for areas in which to conduct the
activity.
Case: 1:17-cv-01613 Doc #: 1-2 Filed: 08/01/17 2 of 3. PageID #: 18
Cleveland Metroparks
First Amendment Activities
Conditions of Use
All rules and regulations of Cleveland Metroparks, including but not limited to those specified in this permit, as highlighted
below, must be strictly observed at all times. Please read the following carefully. Any questions should be directed to
the Special Events & Experiences Division at 216-635-3304
First Amendment activities are permitted in Cleveland Metroparks on a non-exclusive use basis. Please be aware that
other park visitors will be using the area for a variety of non-exclusive use activities such as picnicking, kite flying,
etc. These activities are permitted and you may encounter them, so please plan accordingly.
You may not harass individuals passing by the First Amendment areas. At all times extend care, consideration and
courtesy to others.
Soliciting or selling is not permitted. The transaction of money, goods or services is strictly prohibited.
Distribution of materials outside the free speech area is not permitted. This includes placing fliers on car windshields.
Permit holders are required to remain in the free speech area at all times while engaging in First Amendment
activities.
Please note that alcoholic beverages and amplified music/public address systems are not permitted.
You may set up chairs or tables immediately preceding the activity with removal, cleaning and restoration of the area
to its original condition required immediately following the activity.
If a sign is to be used in this activity, the sign must be an above-ground type (i.e. A-frame) not more than
3 x 3 in size. Digging and/or the use of other in-ground signs of any kind is strictly prohibited. At no time is the
sign to be attached to any trees, posts, signs, buildings or any other property belonging to Cleveland Metroparks. The
sign must be located no closer than twenty feet from the parkway and/or intersections and shall in no way, or at any
time, obstruct the view or flow of traffic.
Permittee is responsible for any and all damages to and/or caused by the sign and shall be further responsible for
ensuring the satisfactory appearance of the sign at all times, as determined by Cleveland Metroparks.
Non-reservable picnic areas where this activity is permitted are listed below. The shelter and cookhouse facilities are
to remain available as eating areas for park visitors and are not to be used for this activity.
Individuals failing to meet any of these conditions of use will be asked to leave, and future permits may
not be awarded to these individuals or organizations.
Reservation Picnic Area Reservation Picnic Area
Acacia Grass area north of Lakefront Upper Edgewater Near Statue
Cedar Rd. parking lot
Bedford Egbert Mill Stream Run Bonnie Park
Big Creek Memphis North Chagrin Forest
Bradley Woods Codrington Ohio & Erie Canal Settlers Bluff
Brecksville Harriet-Keeler Rocky River (north) South Mastick
Brookside Meadow Ridge (south) Lagoon
Euclid Creek Welsh Woods South Chagrin The Shelterhouse
Garfield Park Red Oak Washington Arborview
Hinckley Johnsons West Creek As designated
Huntington Lake Cleveland Metroparks Zoo Ticket Plaza as designated
Cleveland Metroparks
First Amendment Permit
Application
__________________________________________________________________________________
3900 Wildlife Way, Cleveland, OH 44109 Telephone: 216-635-3304 Fax: 216-661-3312
To apply for a First Amendment permit, this application must be completed submitted via mail, fax, or email
up to one (1) month in advance and at least one (1) week prior to the date of the activity. By submitting the
application, the applicant certifies that they have read and will comply with all First Amendment Conditions of
Use. A confirmed permit will be returned. Please call Special Events & Experiences for any additional
questions.
I have read and agree to Cleveland Metroparks First Amendment Conditions of Use.
X ________________________________ X_______________
Signature of Permit Holder Date
APPLICANT INFORMATION
__________________________________________________________________________________
Applicant Name * Organization/ Group (if applicable)
__________________________________________________________________________________
Street Address * Apartment/Suite
__________________________________________________________________________________
City * State * Zip Code *
__________________________________________________________________________________
Daytime Phone * Evening Phone
__________________________________________________________________________________
Cell Phone Email *
__________________________________________________________________________________
Event Day On-Site Contact (if different from applicant) Cell Phone
Metroparks CEO Brian Zimmerman told Cleveland.com that he and his team
worked diligently to preserve the park's history when building the structure.
"We looked at the history of the park and what Edgewater means to
Clevelanders," Zimmerman said. "We listened to so many people sharing
stories of coming down to Edgewater for years and years. This was an
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Take a Look at Edgewater Park's New Multi-Million Dollar Beach House, Which Opens Friday | Scene and Heard: Scene's News Blog 7/31/17, 10:24 PM
The stunning new 12,000-square foot location with open-air walkways is also
an opportunity for the park systems to sell drinks and food to patrons. There is
enough seating for 250 people, and park even plans on serving a happy hour.
Edgewater Live, which brought out at least 100,000 fans last summer,
however, is one of the main events that will draw Clevelanders to the space.
For those who may not have seen it yet, here's the 2017 Edgewater Live concert
schedule. The shows all start at 4:30 p.m.
June 8: Faction
June 15: Breakfast Club
June 22: The Caliber Band
June 29: Shout!
July 6: Carlos Jones
July 13: Welshly Arms
July 20: Abby Normal and The Detroit Lean
July 27: Kinsman Dazz Band
Aug. 3: Collage
Aug. 10: The Spazmatics
Take a look at more of what you can expect at the new boat-like beach house
below:
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Case: 1:17-cv-01613 Doc #: 1-3 Filed: 08/01/17 3 of 6. PageID #: 22
Take a Look at Edgewater Park's New Multi-Million Dollar Beach House, Which Opens Friday | Scene and Heard: Scene's News Blog 7/31/17, 10:24 PM
https://www.clevescene.com/scene-and-heard/archives/2017/06/01/take-a-look-er-parks-new-multi-million-dollar-beach-house-which-opens-friday?mode=print Page 3 of 6
Case: 1:17-cv-01613 Doc #: 1-3 Filed: 08/01/17 4 of 6. PageID #: 23
Take a Look at Edgewater Park's New Multi-Million Dollar Beach House, Which Opens Friday | Scene and Heard: Scene's News Blog 7/31/17, 10:24 PM
https://www.clevescene.com/scene-and-heard/archives/2017/06/01/take-a-look-er-parks-new-multi-million-dollar-beach-house-which-opens-friday?mode=print Page 4 of 6
Case: 1:17-cv-01613 Doc #: 1-3 Filed: 08/01/17 5 of 6. PageID #: 24
Take a Look at Edgewater Park's New Multi-Million Dollar Beach House, Which Opens Friday | Scene and Heard: Scene's News Blog 7/31/17, 10:24 PM
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does the new Beach House have showers like the old one?
Looked ugly and terrible while under construction, but all that changed once they
got the wooden facing done. And the bridge is a nice touch. Love the swings that
hang down beneath it.
I was wondering about the showers, too, and the changing rooms.
Are they still available? Underneath the upper deck?.
They do have two of those outdoor spray thingies, though.
Gonna be the "in spot" to watch the summer sunsets...it might outdraw the Lakewood Solstice
Steps.
Nice atmosphere.....I just don't like all of the racist park ranger cops there. People
of color are having bad experiences with those guys.....
https://www.clevescene.com/scene-and-heard/archives/2017/06/01/take-a-look-er-parks-new-multi-million-dollar-beach-house-which-opens-friday?mode=print Page 5 of 6
Case: 1:17-cv-01613 Doc #: 1-3 Filed: 08/01/17 6 of 6. PageID #: 25
Take a Look at Edgewater Park's New Multi-Million Dollar Beach House, Which Opens Friday | Scene and Heard: Scene's News Blog 7/31/17, 10:24 PM
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