Who owns the parks?
By George P. Hassett

An alderman’s desire to place an age limit on who can utilize city parks has sparked opposition and outrage from local lawyers and activists.
   ‚ÄúThe way I understand it, this is just wrong,‚Äù said Matthew McLaughlin, president of the local advocacy group Save Our Somerville. ‚ÄúTo say an entire group of people are not welcome in a public place is simple discrimination. And where does this stop? Who are we going to exclude next?‚Äù

   Alderman-at-Large Dennis Sullivan put forth an order at the June 22 Board of Aldermen meeting asking the city solicitor to prepare ‚Äúan opinion on whether or not the city can place an age limit on who utilizes certain parks and/or sections of parks.‚Äù
Sullivan said his order was inspired by calls from constituents and a trip to Chicago.
   ‚ÄúI have received about a dozen calls in the past six months from people saying they feel intimidated by older teens hanging out by the swing sets at Florence Park and mothers and grandmothers feel like they can‚Äôt take their children over there,‚Äù he said. ‚ÄúThese people are scared to just take their kids to the local park and are talking about moving out of the city because of it.‚Äù
Sullivan said the teens are not from the neighborhood and could be selling drugs at the park.
   ‚ÄúIf they‚Äôre selling drugs and committing crimes, arrest them for it. But don‚Äôt arrest them because they‚Äôre a certain age,‚Äù McLaughlin said.
   While in Chicago, Sullivan said he saw a park that was designated solely for children under 12 and their parent or guardian. He said an ordinance allowing Somerville officials to make a similar distinction at city playgrounds would solve the current dilemma at Florence Park.
   ‚Äú18 year old kids shouldn‚Äôt be hanging out on swing sets,‚Äù he said.
But McLaughlin said such an ordinance would be short-sighted and asking for trouble.
   ‚ÄúThis would just contribute to the feeling teenagers already have in Somerville that they‚Äôre in the way and not wanted,‚Äù he said. ‚ÄúYoung people‚Äôs options for places to meet up would be limited to places like alleys.‚Äù
   Sullivan said Assistant City Solicitor David Shapiro is preparing an opinion on the legality of a possible ordinance, but attorney and Community Action Agency of Somerville Advocacy Director Melissa McWhinney said the measure is ‚Äúconstitutionally questionable.‚Äù
   ‚ÄúI expect the city solicitor to come back and say such an ordinance would be illegal and it is a form of discrimination to prohibit people from sections of parks based on age,‚Äù McWhinney said. ‚ÄúIt is against the spirit of public places to close them down to certain sections of the population.‚Äù
McWhinney also said such a law would be unenforceable.
   ‚ÄúYoung people generally do not carry identification or proof of their age,‚Äù she said.
For McLaughlin, neighborhood parks are at the heart of what it means to be a young person in  Somerville and denying access would be another step in the wrong direction.
   ‚ÄúIn this city, the neighborhood park is like a second home to a lot of kids. It represents who they are and where they‚Äôre from. For someone to say to one of these kids, ‚Äòyou can‚Äôt be here,‚Äô is explicitly telling teenagers in Somerville that they‚Äôre not welcome,‚Äù he said.