QUESTION
Can a little league baseball association charge an extra fee for using public property?
Asked on Jun 12th, 2013 on Entertainment Law - California
More details to this question:
A local little league is charging an extra fee to outside men's leagues for the use of the village's baseball fields. Little league has a fee of 300 dollars per child to play in "their" league. They also want to and have been charging 100 dollars "per game" for a men's league to use a field that belongs to the village. The village does have a permit system in place and has been in place for a number of years now and nowhere on their permit does it state any charges for the use of their fields. This is just the short of it, there's more here than meets the eye! Would this be a form of extortion displayed by the little league Association?
2 ANSWERS
On the surface, the little league association shouldn't have any authority to control who gets to use public, city-owned recreation property. However, sometimes government entities grant an outside, private group the authority to manage such property as long as the group agrees to abide by certain laws (nondiscrimination of any protected group, for example) and regulations (insurance, maintenance, etc.). Check with your village council, mayor, or whoever has the authority to see what the terms of its agreement with the little league are and who gets the extra fees. Somebody has to cover the costs of keeping a ball field in usable condition and providing equipment. Is it possible that these funds are going toward maintenance or future improvements?
Answered on Jun 12th, 2013 at 10:45 PM
Susan Marie Basko
You should check the village ordinances and see if the village passed an ordinance to levy a fee to use the fields and if the fee would go to the Little League. If this is the case, it sounds as if it might be illegal to be charging rental on a village property and turning it over to a private organization. It sounds like it may be time to file a complaint with an authority higher than the local village, such as with a state agency or in court. If the Little League wants to raise funds, it should probably be doing so with traditional fundraisers, rather than gouging the men's teams. It might be time to file a complaint with the State Attorney Generals office.
Answered on Jun 12th, 2013 at 1:31 PM