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will be presumed to rest upon a ra- purpose.To cite an extreme example, bletttional basis if there be any conceiva- a diver who utilizes the - state of facts which would affordp Conclusion e reasonable support woulyear must pay the fee, bupark tour bus In this case, the forort accepted the Operator who brings in bus loads of While thepreceding city's his cae,t that the tht si htseers lure c ll o cases cannot g daily pays nothing." possibly predict the outcome o off date allowed a means to measure The court in "McNicholas future challenges the number of extensively from the quoted u ictalt nonresidentea people expected to use 1978 U g user fee regulations in a given j the beach and finance such services Supreme Court dintion, certainnjudicial tendencies Decision n of M - canCourgleaned from for ae decisions.to as lifeguards, police, and costate- Fish and Came Commission o as lid The court, however, comate lana 435 U.S.371f Mon- uphold are looking meansmu- the city's court, ho thaterejectedweekly S.Ct.f1 int,thiss uphold rather than invalidate ccs L.Ed.2d 354. The plaintiffs in y of case challenged the constitutionality To reputations and ordinhoued badges should expire at noon on Saturday becauseomoste weekly boos chargedastate licensingTo reiterate,showe municipality should ing lthe area ended at this statute huntwk r able of uthan implied or activity in residents $9 This forced weekend visitors tos while requiring to elko grant e tate Ina forthe mu- time. thetivit9 nonresidents to from the sthtu daddition,at ids purchase two badgespurchase a combination hunting one. The court properly rejected teeth n liplicense costinghe onao basis testap- nicipality and ahclearlye statedte to raprtionale$225. The court and data a reasonablele argument under the less stringent ra- upheld the statute. "We which demonstrates a tional basis test because hotel/motel duty on the state to have its licensing perceive no relationship If practices in the community had no structure parallel or identical for between a regulation demonstrable nle to and legitimate trator thir relationship police both residents and nonresidents, or rationalgovobasistal tests in power concerns on the cityadministrators would apply In the case of McNichol s beaches. York diffeto rential to thepenny own rigoroustialphases fbasis ent ea Beach Villa any cost wthritten initial fee structures m �c Me.,394 A2d 264(1978) recreational, �� in a purelydeveloping a the ch rtVi struck down a 2dperrnit264 fee ofrecreational, eti livelihood setting. upolicy i yon re igen and bongRationality non_ the useofthathtco by nonresidents,o $25 per year charged skin and scuba sufficient." is divers in a city is unlikely courts would have to park because it While a state or municipalityy repeat the exercise. denied equal protection. No other usein the park was chargedth a be rather limited in its ability to The Near Law Review fee. groupp fundamental as at tivity ofornonresidents thebusiness its bac-> comments,like to hear fromwould restrict exclude ac- feeguar Since no the ndameuti l such dors, the Court within foundyou. Send your suggestions,and inquiries as speechregarding legal topics impacting or freedom of assem- no parks and recreation to: as free a classification was in- such limitation on bly, r suspectthe court appliedfithe rational authority fl activity. governmental Kozlowski, National Recreation a authority for controlling nonresident volved, en basis test. y "We conclude Dark Association 3101 Park C(7 Applying this Icss stria> that where the opportunity to enjoyDr'- Alexandria, VA 22302, (703 the court was still unable stringent test, surecreational activity is createdo820 4940. some rational basis for the difference no nexus between the activity supported by a state, where there is treatment among park user groups any and ofby the village. "Even fundamental right, and where b assuming as we by its very nature the activitycan Mr. Kant tooki is an attorney do that regulation of divers but no be consultant the NRPA Office Other renjoyed by onlyy and a E is a rational distinc_ a portion of thosefi e of tion, the users permit fee imposed who would enjoyit, e PubliccAffairs ti legal and legislative He is a solelyprefer its residets over theresidents aspects of recreation and parks. upon divers is so die ro r- f donate as to loseP Po of other states, or condition the en- Columbiamember of andae bar in the District D - any rational con- io- Court the United States um nection to a legitimate governmental such terms astit sees itesrdent upon Fx lrict for the District of Colum- bia. 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