Eleran Posted June 10, 2017 Share Posted June 10, 2017 (edited) The reality and practicality of access certainly come into play, in that most high school stadiums and tracks are often opened up to the public, or visible from the surrounding streets, and people are usually allowed to walk in or out during events and watch from the stands, whether its an after school track meet, or a marching band rehearsal, or just making out with your girlfriend and watching the sun set. That practical openness, however, doesn't mean that the school doesn't have the absolute right to close things down if it wants to. They just rarely do so. But try smoking weed in the 70's on the 50 yard line of a Texas high school at 3:00 am and you can bet security will be on you in a flash! (that's a movie reference, btw, not a personal reference) Edited June 10, 2017 by Eleran 1 Quote Link to comment Share on other sites More sharing options...
LabMaster Posted June 10, 2017 Share Posted June 10, 2017 1 hour ago, Eleran said: Being a tax-payer does not give you the right of unlimited access to the high school football stadium on a 24/7 basis, any more than you have access as a tax-payer to the classes inside the building. Just because a facility is paid for through tax money does not make it a "public space". OK. Not a public space. But a space owned by the public, right? I'm talking about walking up to stands at my towns high school football field; sitting down and someone coming over to tell me the rehearsal is a closed rehearsal and I have to leave. Now no physical barrier existed. No sign stating it was a private function. Outside of it being a dopey PR move. Is it legal to force me or anyone to leave? If the facilities were offered to house the group and allow use of the field for free change anything? Thanks again for any wise counsel. Quote Link to comment Share on other sites More sharing options...
GUARDLING Posted June 10, 2017 Share Posted June 10, 2017 43 minutes ago, LabMaster said: I understand and get that limitation on the school facility. On the building. My specific curiosity and question for you is: were the school you rented the facilities from, public schools? Were the areas you rented, in the buildings? Were the football field stands totally closed off or open? The stands at our towns field are open, no fencing to close it off. The track is also open, to the point I can run the track anytime I please during the day. My question is specifically, can I be told I can't sit in stands to watch a rehearsal on the football field? Thanks in advance. Hi Well, both actually. I have rented many spaces indoors as well as outdoors. Now when out doors there have been a few people running etc etc BUT the school warned us of that in advance. In some cases we had the option of closing off the facility being we were paying but there were times we had to deal with the school's rules. If a school was making us liable for any issue then we had the right to keep things closed. If others were allowed for whatever reason a school official was there overlooking their end of it. Usage or multiple usage is one thing I think, spectators could be quite another imo. Quote Link to comment Share on other sites More sharing options...
Eleran Posted June 10, 2017 Share Posted June 10, 2017 Generally, yes, they can do so. In our town, for instance, youth sports clubs are given permits for sports facilities at schools, when they are not in use by the schools. The township has a formal policy on which groups can get permits, which cannot, what charges apply in all cases or only in certain cases, or to certain of the facilities and not to others. The permit holder, however, can absolutely control who enters or stays in the facility during the time-frame of the permit, and in fact the permit holder is often bound by the provisions of his insurance policy to restrict access to certain parts of the facilites, and the groups can have policies of closed access to the public if they want. As I mentioned above with regard to the outdoor fields/stadiums - there is a practical element that will often affect whether anyone really tries to keep out the public. But I ran a volleyball club, and it was our standard policy to exclude the general public at all times from the facilities we were using under permit. Quote Link to comment Share on other sites More sharing options...
drumcorpsfever Posted June 10, 2017 Share Posted June 10, 2017 (edited) I think the answer to the OP's question is kind of simple. Question: Does a drum corps have the (legal) right to restrict access to rehearsals? Answer: Yes Now, should a drum corps restrict access to rehearsals? Answer: No. If you make the comparison to pro sports, they have rehearsals that are usually closed to the public and often closed to the media. Different situation, but I think it makes for a reasonable comparison. But, drum corps is NOT pro sports - not even close. Until members get paid, the corps should be reasonably open to those who wish to attend their rehearsals. It really comes down to common sense and decency. As a fan who attends rehearsals, be considerate of those that are working hard at PRACTICE. If you were to ask most any members in the corps if they would like someone to leak videos of their rehearsals, I think those members would say no. So, if you're taking in a great night of watching others bust their tails, be considerate of those whom you are enjoying watching. Edited June 10, 2017 by drumcorpsfever Quote Link to comment Share on other sites More sharing options...
Cappybara Posted June 10, 2017 Share Posted June 10, 2017 Was there a consensus on the whole recording of rehearsals issue? I skimmed through all this and it seems that as long as you are standing in an area that is just outside of the facilities being rented out, and that you are not obstructing any sort of sidewalk/road, then you would be allowed to 1. Watch the rehearsal from that vantage point 2. Record the rehearsal so long as you do not share it Is this correct? Quote Link to comment Share on other sites More sharing options...
Tim K Posted June 10, 2017 Share Posted June 10, 2017 9 hours ago, Cappybara said: Was there a consensus on the whole recording of rehearsals issue? I skimmed through all this and it seems that as long as you are standing in an area that is just outside of the facilities being rented out, and that you are not obstructing any sort of sidewalk/road, then you would be allowed to 1. Watch the rehearsal from that vantage point 2. Record the rehearsal so long as you do not share it Is this correct? Based on what I understand from guidelines for photography by amateurs, you're correct, and if you're capturing let's just say the Oregon Crusaders, you'd probably not have a problem. Now let's just say it was a Katy Perry concert and there was an unobstructed view on public property, the law would probably be on your side, but you'd be moved along and if you refused, you could be arrested. You'd probably win in court and the ACLU would defend you, but it would probably a moral victory and little else. The matter is pretty black and white, but there's a lot of gray in the interpretation. So which DCP poster wants to do some videography, get arrested, and take the matter all the way to the Supreme Court? There are a few of you who could really shake things up. Quote Link to comment Share on other sites More sharing options...
whitedawn Posted June 12, 2017 Share Posted June 12, 2017 On 6/10/2017 at 1:21 AM, Cappybara said: Was there a consensus on the whole recording of rehearsals issue? I skimmed through all this and it seems that as long as you are standing in an area that is just outside of the facilities being rented out, and that you are not obstructing any sort of sidewalk/road, then you would be allowed to 1. Watch the rehearsal from that vantage point 2. Record the rehearsal so long as you do not share it Is this correct? 1 - Yes, so long as you have the legal right to be wherever you happen to be located. (On a publicly accessible sidewalk, fine. On a sidewalk that is on a college campus where you are trespassing, not fine, but it's not the corps' issue.) 2 - I'd say that you can share it, subject to some rights holder not wanting it to be on YouTube and filing a DMCA takedown. The corps probably cannot prohibit you from sharing it. Quote Link to comment Share on other sites More sharing options...
BRASSO Posted June 12, 2017 Share Posted June 12, 2017 (edited) On 6/10/2017 at 0:42 AM, drumcorpsfever said: I think the answer to the OP's question is kind of simple. Question: Does a drum corps have the (legal) right to restrict access to rehearsals? Answer: Yes Yup.. The only way the simple answer to the simple question changes is if we change the scenario (s) in some rather unconventional and extreme manner for that answer not to be it. Edited June 12, 2017 by BRASSO Quote Link to comment Share on other sites More sharing options...
whitedawn Posted June 12, 2017 Share Posted June 12, 2017 21 minutes ago, BRASSO said: Yup.. The only way the simple answer to the simple question changes is if we change the scenario (s) in some rather unconventional and extreme manner for that answer not to be it. Please describe the corps' legal authority to restrict access to rehearsals. From where does this power flow? Quote Link to comment Share on other sites More sharing options...
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