The Secretary of the Interior and the National Park Service Have Abused Their Management Discretion at America’s Birthplace in Philadelphia – Home of Where the Second Amendment was Adopted in 1791
The Secretary of the Department of the Interior ("DOI"), acting through the National Park Service ("NPS"), has acted randomly and arbitrarily, and in turn has restricted various Constitutional rights, including those of the Second Amendment, at Independence National Historical Park ("INHP"), a unit of the NPS, in Philadelphia. Just two months after the Federal law governing possession of firearms inside a National Park changed on February 22, 2010, the Secretary of the Interior entered into a statutorily authorized, detailed and long-term Operating Agreement between the United States Department of the Interior - National Park Service and the Independence Visitor Center Corporation ("Operating Agreement") dated April 26, 2010.
This matter is a significant public policy issue for those concerned about Civil Rights, and as such various groups should take action including the National Rifle Association ("NRA") and the NRA's Institute for Legislative Action, especially since this is happening in the shadow of Independence Hall where the Second Amendment was adopted in 1791.
Overview
According to the Operating Agreement, the NPS has placed random and arbitrary limitations on the Second Amendment. Specifically, Section C.20 (page 16) of the Operating Agreement, "Marketing Partnerships and Commercial Activities Undertaken by Third-Parties," states,
Independence National Historical Park Background
Independence National Historical Park ("INHP") is America’s Birthplace. "The park represents the founding ideals of the nation and is a national and international symbol of democracy and liberty." The Bill of Rights was adopted in 1791 in INHP, and Independence Park has a distinct and singular association with the right of assembly, the right of free speech, the right to petition the government and the right to keep and bear arms.
The Secretary of the Department of the Interior ("DOI"), acting through the National Park Service ("NPS"), has acted randomly and arbitrarily, and in turn has restricted various Constitutional rights, including those of the Second Amendment, at Independence National Historical Park ("INHP"), a unit of the NPS, in Philadelphia. Just two months after the Federal law governing possession of firearms inside a National Park changed on February 22, 2010, the Secretary of the Interior entered into a statutorily authorized, detailed and long-term Operating Agreement between the United States Department of the Interior - National Park Service and the Independence Visitor Center Corporation ("Operating Agreement") dated April 26, 2010.
This matter is a significant public policy issue for those concerned about Civil Rights, and as such various groups should take action including the National Rifle Association ("NRA") and the NRA's Institute for Legislative Action, especially since this is happening in the shadow of Independence Hall where the Second Amendment was adopted in 1791.
Overview
According to the Operating Agreement, the NPS has placed random and arbitrary limitations on the Second Amendment. Specifically, Section C.20 (page 16) of the Operating Agreement, "Marketing Partnerships and Commercial Activities Undertaken by Third-Parties," states,
"Further, the IVCC [Independence Visitor Center Corporation] agrees that it will not enter into a marketing partnership or agreement with any individual or entity who sells, distributes or trades in, or who is otherwise clearly associated with, alcohol, tobacco, firearms or pornographic material, nor will it enter into any marketing partnership or agreement requiring actions on federal property which may result in a violation of the Establishment Clause of the Constitution." (emphasis added)It appears that the Secretary of the Interior, acting through the National Park Service's Northeast Regional Director Dennis Reidenbach, is now legislating through the NPS’s unfettered management discretion at INHP. To that end, it makes no sense that the NPS has placed these arbitrary restrictions on its "partner," the Independence Visitor Center Corporation. Instead of exercising the NPS's discretion to create new rules that violate clearly established Constitutional rights, the NPS should simply follow the laws already in place for the management and operation of National Parks, including those laws governing concessions and commercial operations at National Parks. For the record, the signatories on the Operating Agreement are Mr. Reidenbach acting on behalf of Interior Secretary Ken Salazar and James J. Cuorato, President and CEO of the Independence Visitor Center Corporation.
Independence National Historical Park Background
Independence National Historical Park ("INHP") is America’s Birthplace. "The park represents the founding ideals of the nation and is a national and international symbol of democracy and liberty." The Bill of Rights was adopted in 1791 in INHP, and Independence Park has a distinct and singular association with the right of assembly, the right of free speech, the right to petition the government and the right to keep and bear arms.