Court addresses a resident's property interest in $10.00 municipal "pool pass"
Workers at a Cincinnati City Pool apparently thought that Robert Kennedy was ogling kids inappropriately at an elementary school adjacent to the pool, and called City Police. While he did nothing illegal, the observers concluded that Kennedy "acted a little strange" in staring at the kids at play, making employees feel "uncomfortable." The responding officer and City officials then decided to revoke Kennedy's $10.00 "pool token" and to bar him from all City recreational property. Kennedy sued, arguing that he had a constitutionally protected property interest in the pool pass.
The Sixth Circuit disagreed that Kennedy's minimal investment in the pass created a Constitutional property issue, however, it did agree that he could not be summarily barred from public property without the protections of procedural due process. The Court noted that Kennedy had a Constitutionally-protected liberty interest that allowed him to be present on public property. Since he had committed no crime and broken no rules, his liberty interest could not be taken by the government absent the exercise of due process.