Park Can’t Ban Pedophile’s Clown Performance

The only government-owned amusement park in the United States cannot bar a convicted child molester from performing a clown act and soliciting money in all public areas, according to a judge’s ruling made public Thursday.

The judge ruled that it is unconstitutional for Westchester County, N.Y., which owns and runs Playland Park about 20 miles north of New York, to ban solicitation in its parks. U.S. District Judge John Martin, in a ruling dated Monday, held the county’s ban is a violation of free-speech rights.

Playland is a recreational complex that includes an amusement park with rides, picnic areas, paths, a beach and boardwalk, a lake for boating and a pier.

The plaintiff, Richard Hobbs, wants to perform a “busking act” at the park. This would involving performing as a clown, giving away balloon sculptures and seeking donations. Hobbs was convicted of sexual abuse of minors in 1978 and 1982, the ruling said.

Martin said Westchester County has invoked a regulation that was too broad to stop Hobbs’ performance based on his plans to seek donations. The county also relied on another regulation that was too broad to stop his act out of concerns Hobbs could be a risk to children due to past convictions.

However, the Manhattan federal judge held that Playland could bar Hobbs’ solicitation in the amusement park area where the county operates a business and intends to make a profit.

He said this area, where people are charged for rides and arcade games, could not be considered a public forum. The judge said the county has been consistent in its refusal to permit any activities within the amusement area that would compete with the business of the concessionaires who pay fees to the county for their booths.

Hobbs can perform in certain public areas away from the amusement park rides and other concessions, the judge ruled.

Martin said these areas are no different from other public parks, which have been held to be public forums where free speech cannot be prohibited.

He said questions remain as to which specific areas within Playland Park are public forums and he scheduled a conference next month to consider this issue.

Susan Tolchin, chief advisor to the Westchester County executive, said that while the county was gratified the judge ruled it could bar solicitation in the amusement park area, it was disappointed Martin had separated out other sections.

“Our attorneys will be at the conference and then we will determine how to proceed,” she said.