Leydon v. Town of Greenwich

Opinion

This certified appeal raises an important issue of first impression in this state, namely, whether a municipality constitutionally may restrict access to a municipal park to its residents and their guests. We conclude that such a restriction is prohibited by the first amendment to the United States constitution1 and *321article first, §§ 4,253 and 14,4of the Connecticut constitution.

The plaintiff, Brenden P. Leydon, commenced this action against the named defendant, the town of Greenwich (town), seeking declaratory and injunctive relief to prohibit the enforcement of a town ordinance6 limiting *322access to Greenwich Point Park (Greenwich Point), a town park with a beachfront on the Long Island Sound, to residents of the town and their guests.6 Thereafter, the defendant Lucas Point Association, Inc. (association), which owns a road located on property adjacent to Greenwich Point over which the town holds an easement providing the only means of land access to Greenwich Point, successfully moved to intervene. Following a court trial, the court rejected the plaintiffs claims and rendered judgment for the defendants.7 On appeal, the Appellate Court reversed the judgment of the trial court, concluding that the ordinance violates a state common-law doctrine pursuant to which municipal parks are deemed to be held in trust for the benefit of the general public and not solely for the use of residents of the municipality. Leydon v. Greenwich, 57 Conn. App. 712, 719, 750 A.2d 1122 (2000). The Appellate Court remanded the case to the trial court with direction to render judgment for the plaintiff; id., 727; who, as we have indicated, sought injunctive and declaratory relief against both the town and the association. Thereafter, *323we granted the town’s petition for certification to appeal limited to the following issue: “Did the Appellate Court properly conclude that the plaintiff was entitled as a matter of law to an injunction enjoining the [town] from limiting the use of Greenwich Point, including its beach area, to inhabitants of the town?” Leydon v. Greenwich, 254 Conn. 904, 755 A.2d 881 (2000). We also granted the association’s petition for certification to appeal limited to the following issue: “Did the Appellate Court properly conclude, in effect, that the plaintiff was entitled as a matter of law to an injunction enjoining the [association] from limiting the use of the easement that it had granted to the . . . town ... to residents of the town?” Leydon v. Greenwich, 254 Conn. 905, 755 A.2d 882 (2000).

With respect to the town’s appeal, we agree with the Appellate Court that the plaintiff is entitled to declaratory and injunctive relief barring the town from restricting the use of Greenwich Point to town residents and their guests. Our conclusion, however, rests not on common-law principles, but, rather, on the federal and state constitutional guarantees of freedom of expression and freedom of association. With respect to the association’s appeal, we agree with the Appellate Court that the plaintiff is entitled to a declaratory judgment against the association. We disagree with the Appellate Court, however, that the plaintiff also is entitled to injunctive relief against the association.

I

The following facts and procedural history are relevant to our resolution of this case. Greenwich Point is a town owned, 147 acre park facility that includes a beachfront on the Long Island Sound. The park area contains a number of ponds, a marina, a parking lot, open fields, a nature preserve, shelters, walkways and *324trails, and picnic areas with picnic tables. There also is a library book drop located on the beach.

The only land access to Greenwich Point is over a narrow, broccoli stem shaped piece of land known as Tod’s Driftway (driftway), which is owned by the association, a private association of landowners who reside in the residential area adjacent to Greenwich Point. The town holds an easement over a private road on the driftway that provides the only means by which a person seeking to enter Greenwich Point by land may do so.

The Greenwich Point area, the driftway and the surrounding area all originally were owned by Frelinghuysen Ferris. Ferris conveyed the Greenwich Point area to J. Kennedy Tod on March 30, 1892. Ferris later granted an easement over the driftway to Tod on October 17, 1892, while retaining title to the driftway and other land. The easement permitted Tod to construct a road over the driftway connecting Greenwich Point to the mainland highway and to use that road to access his property.

Soon after Ferris granted the easement to Tod, Ferris transferred the driftway and surrounding areas in fee simple to Edwin J. Lucas. Those two areas became known as Lucas Point. After Tod’s completion of the road over the driftway around 1909, Tod and Lucas amended and reaffirmed the terms of Tod’s easement over the driftway. The boundaries of both properties, as set forth in a 1915 survey that listed the Greenwich Point parcel at approximately 147.21 acres, were the same as the boundaries currently in place.

Tod maintained Greenwich Point as a residence until his death on July 16, 1926, upon which he devised it to the Columbia Presbyterian Hospital (hospital), subject to a possessory life estate in Tod’s wife. Tod’s wife died in 1938, at which time the hospital became the fee owner of Greenwich Point.

*325During the 1920s and 1930s, Lucas developed Lucas Point into a residential area. In 1942, the homeowners on Lucas Point formed and incorporated the association. On June 20, 1950, after Lucas’ death, his executor recorded the transfer of all rights in the driftway to the association, although it appears that the association had been the beneficial owner of the driftway since the association’s formation in 1942.

In 1944, the association became aware of the town’s decision to purchase Greenwich Point from the hospital for the puipose of converting it into a beach park.8 At its meeting of October 1, 1944, the association passed a resolution providing, inter alia, that it was “not opposed to the purchase of [Tod’s] Point by the [t]own . . . subject, however, to the following [condition] . . . [that the town] [l]imit the use of the area to Greenwich residents.” At a town meeting on November 9, 1944, the town approved a policy restricting the use of Tod’s Point to “residents, taxpayers, lessees and their bona fide guests of the [t]own . . . .” Minutes of the meetings of the town’s board of selectmen and the board of estimate and taxation also reflect the adoption of this policy. The town purchased Greenwich Point on January 10, 1945, but did not codify the residency requirement until 1977, when it adopted the ordinance that is the subject of this appeal and that restricts access to Greenwich Point to town residents and their guests. See footnote 5 of this opinion.

*326On August 15, 1994, after crossing the driftway without interference from the town or the association, the plaintiff, a resident of Stamford, attempted to enter Greenwich Point at its main gate. He was refused admission, however, because he did not have a beach pass as required by the ordinance.9 Thereafter, the plaintiff applied for a beach pass, but his application was denied in accordance with the provision of the ordinance authorizing the issuance of beach passes to town residents only.

The plaintiff then filed this action for declaratory and injunctive relief against the town, claiming, inter alia, that the ordinance violates: (1) the first amendment to the United States constitution and article first, §§ 4, 5 and 14,10 of the Connecticut constitution, both as applied to him and on its face; and (2) a state common-law doctrine under which municipal parks are held in trust by the municipality for the use of all members of the public.11 The association successfully moved to *327intervene, and the plaintiff amended his complaint to include a count against the association. In that count, the plaintiff claimed that any agreement that the association purported to have with the town to restrict the use of Greenwich Point to town residents and their guests was unenforceable as against public policy. The plaintiff also sought injunctive relief against the association.12

After a court trial, the court rejected each of the plaintiffs claims. The court first addressed the plaintiffs constitutional claim. With respect to the plaintiffs contention that the ordinance is unconstitutional as applied, the trial court concluded that the plaintiffs intended use of Greenwich Point, namely, to “ ‘exchang[e] ideas and information with other park users,’ ” did not implicate his protected right to communicate. The trial court concluded that it was “not persuaded that the plaintiffs conduct touches upon [constitutionally protected] elements of communication. Simply stated, the plaintiff has failed to provide the court with evidence which would establish that he intended to enter [Greenwich] Point in order to express himself in any manner, regardless of whether the communication would be protected by the state and federal constitutions . . . .” (Internal quotation marks omitted.)

The trial court explicated its reasoning in rejecting the plaintiffs claim as follows: “The plaintiff implicates the first amendment (and its state counterparts) by *328asserting that he was prevented from exchanging ideas and information with other park users. However, the plaintiff has not provided the court with sufficient evidence which proves that the [ordinance] prevented him, or anyone from exchanging ideas with anyone else.

“The plaintiff has shown only that he was denied access to Greenwich Point ... by a town employee stationed at the gate . . . because he did not have a beach pass and was not accompanied by a [town] resident. The court is convinced that the town’s subsequent denial of a pass to the plaintiff had absolutely nothing to do with the plaintiffs desire to engage in expression. Rather, the town denied him a pass because it has an ordinance limiting its granting of passes to [town] residents.

“The court finds that the town does not have an ordinance, as the plaintiff would have the court believe, preventing nonresidents from accessing [Greenwich] Point. The town’s [ordinance] require[s] only that a nonresident desiring entry to [Greenwich] Point be accompanied by a [town] resident. Therefore, if the plaintiff truly intended to express himself on [Greenwich] Point, he would have been able to do so, unimpeded, if he were accompanied by a [town] resident.” (Internal quotation marks omitted.) The court continued: “In the present case, the court is not convinced that the plaintiff ever intended to enter [Greenwich] Point in order to engage in the expression of an idea. And, if he had, the court is not persuaded that the subject [ordinance] prevented the plaintiff, or any nonresident, from accessing [Greenwich] Point for purposes of protected expression.”13

*329Finally, the trial court, consistent with its analysis of the plaintiffs claim that the ordinance is unconstitutional as applied, summarily rejected the plaintiffs over-*330breadth claim. Specifically, the court stated: “The challenged [ordinance has] . . . no . . . effect on the first amendment protections of any party.” (Emphasis added.)

The trial court next addressed, and rejected, the plaintiffs claim that, under state common law, all members of the public are entitled to use municipally owned and operated parks. Although the trial court recognized that dicta from several of this court’s cases suggest that town parks are held in trust for the benefit of all members of the public and not just for the benefit of town residents,14 the court nevertheless concluded that the plaintiff had failed to establish the existence of such a common-law doctrine.15 Accordingly, the trial court rendered judgment for the defendants.

*331Thereafter, the plaintiff appealed from the trial court’s judgment to the Appellate Court, which concluded that, contrary to the determination of the trial court, the plaintiff had established his common-law claim. In so concluding, the Appellate Court stated: “For almost two centuries, [the Connecticut] Supreme Court has discussed the concept that land held by a municipality as a public park or public beach is held for the use of the general public and not solely for use by residents of the municipality.16 . . . These [Supreme *332Court] cases clearly reflect that land held by a municipality as a public park or public beach is for the benefit of all residents of this state.”17 (Citations omitted.) Leydon v. Greenwich, supra, 57 Conn. App. 718-19.

The town claimed that, even if the Appellate Court properly had recognized this common-law doctrine,18 the legislature had abrogated the doctrine with respect to the town by virtue of a 1919 special act19 authorizing *333the town to “establish, maintain and conduct public parks . . . [and] bathing beaches . . . for the use of the inhabitants of [the] town.” (Emphasis added.) 18 Spec. Acts 103, No. 124 (1919). In particular, the town asserted that the use of the words “for the use of the inhabitants of said town”; id.; evinced an intent by the legislature to permit the town to maintain its parks and beaches for the exclusive use of its residents. The Appellate Court rejected the town’s argument, concluding that, because the special act was devoid of express language abolishing the common-law doctrine vis-a-vis the town, it could not be presumed that the legislature intended such a result. Leydon v. Greenwich, supra, 57 Conn. App. 724. The Appellate Court thereupon reversed the judgment of the trial court and remanded the case “with direction to render judgment for the plaintiff.” Id., 727.

On appeal to this court, the defendants contend that the Appellate Court improperly reversed the trial court’s judgment. We disagree with the defendants. Unlike the Appellate Court, however, we base our conclusion on the protections afforded under the first amendment to the federal constitution and article first, §§ 4, 5 and 14, of the state constitution.20 We, therefore, conclude that *334the plaintiff is entitled to: (1) a judgment against the town declaring that the ordinance is unenforceable; (2) a judgment against the association declaring that any agreement that it had entered into with the town in 1945 to limit access to Greenwich Point to town residents and their guests is unenforceable; and (3) a permanent injunction against the town, but not against the association, prohibiting the town from enforcing the ordinance. We also conclude that, to the extent that the Appellate Court’s judgment required the trial court to issue an injunction against the association precluding it from limiting access over the driftway, that judgment must be reversed.

II

We first examine the plaintiffs claim under the first amendment to the federal constitution. He contends *335that the ordinance violates the first amendment as applied and on its face. We agree.

Before reviewing the substantive first amendment principles governing our review of the plaintiffs federal constitutional claim, we briefly explain the overbreadth doctrine. “A clear and precise enactment may ... be overbroad if in its reach it prohibits constitutionally protected conduct. ... A single impermissible application of a statute, however, will not be sufficient to invalidate the statute on its face; rather, to be invalid, a statute must reach a substantial amount of constitutionally protected conduct. ... A [plaintiff] may challenge a statute as facially overbroad under the first amendment, even if the [plaintiffs] conduct falls within the permissible scope of the statute, to vindicate two substantial interests: (1) eliminating the statute’s chilling effect on others who fear to engage in the expression that the statute unconstitutionally prohibits; and (2) acknowledging that every [person] has the right not to be prosecuted for expression under a constitutionally overbroad statute.”21 (Citations omitted; internal quotation marks omitted.) State v. Linares, 232 Conn. 345, 364-65, 655 A.2d 737 (1995); see also Ramos v. Vernon, 254 Conn. 799, 811, 761 A.2d 705 (2000) (“[this court has] not hesitated to consider facial challenges premised upon free speech claims”). Thus, the plaintiff has standing to raise a facial overbreadth challenge to the ordinance and may prevail on that claim if he can establish that the ordinance reaches a substantial amount of constitutionally protected conduct even though he personally did not engage in such conduct. See State v. Linares, supra, 364. We now turn to the applicable first amendment law.

*336The scope of the government’s power to limit speech or other first amendment activity on public property depends on the type of forum involved. See, e.g., Arkansas Educational Television Commission v. Forbes, 523 U.S. 666, 677-78, 118 S. Ct. 1633, 140 L. Ed. 2d 875 (1998); Perry Educational Assn. v. Perry Local Educators’Assn., 460 U.S. 37, 44-46, 103 S. Ct. 948, 74 L. Ed. 2d 794 (1983). “When a regulation restricts the use of government property as a forum for expression,22 an initial step in analyzing whether the regulation is unconstitutional is determining the nature of the government property involved. . . . The nature of the property determines the level of constitutional scrutiny applied to the restrictions on expression. . . . The [United States] Supreme Court has delineated three categories of government-owned property for purposes of the First Amendment: the traditional public forum, the designated public forum, and the nonpublic forum.” (Citations omitted.) United States v. Frandsen, 212 F.3d *3371231,1237 (11th Cir. 2000); cf. Perry Educational Assn. v. Perry Local Educators’ Assn., supra, 45-46.

In State v. Linares, supra, 232 Conn. 345, this court recently summarized the basic principles of the traditional public forum doctrine: “[T]he first amendment in all contexts forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others. City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804 [104 S. Ct. 2118, 80 L. Ed. 2d 772] (1984). . . . Viewpoint neutral regulations, however, can be determined to be unconstitutional only after they have been analyzed under a forum based approach. Perry Educational Assn. v. Perry Local Educators’ Assn., [supra, 460 U.S. 45-46].

“In places which by long tradition or by government fiat have been devoted to assembly and debate, the rights of the State to limit expressive activity are sharply circumscribed. . . . [Such locations include] streets and parks which have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Hague v. CIO, 307 U.S. 496, 515 [59 S. Ct. 954, 83 L. Ed. 1423] (1939). In these quintessential public forums, the government may . . . enforce regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication. [Perry Educational Assn. v. Perry Local Educators’ Assn.], supra, 460 U.S. 45. Such close scrutiny is appropriate in these forums because such properties possess long-standing traditions of public usage.”23 (Citations omitted; internal *338quotation marks omitted.) State v. Linares, supra, 232 Conn. 366-67. Thus, “[t]he forum-based approach for First Amendment analysis subjects to the highest scrutiny the regulation of speech on government property traditionally available for public expression.” Loper v. New York City Police Dept., 999 F.2d 699, 703 (2d Cir. 1993), citing International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 678, 112 S. Ct. 2701, 120 L. Ed. 2d 541 (1992); see also Grayned v. Rockford, 408 U.S. 104, 115, 92 S. Ct. 2294, 33 L. Ed. 2d 222 (1972) (“[t]he right to use a public place for expressive activity may be restricted only for weighty reasons”). See generally International Society for Krishna Consciousness, Inc. v. Lee, supra, 696 (Kennedy, J., concurring in the judgments) (“The liberties protected by [the public forum] doctrine derive from the Assembly, as well as the Speech and Press Clauses of the First Amendment, and are essential to a functioning democracy. . . . Public places are of necessity the locus for discussion of public issues, as well as protest *339against arbitrary government action.” [Citation omitted.]).

Thus, it “is clear that modem public forum analysis under the United States constitution focuses first on the category of public property at issue in the case. . . . Only after a court has labeled a particular public property as a traditional, designated or nonpublic forum does the court then consider to what extent the government may restrict speech there. . . . Because restrictions on speech in public forums receive the highest level of scrutiny and those in nonpublic fomms are subject to the lowest ... a court’s initial categorization of property, as a practical matter, necessarily determines whether a particular restriction on speech will be invalidated.”24 (Citations omitted.) State v. Linares, supra, 232 Conn. 369; see also Cornelius v. NAACP Legal Defense & Educational Fund, 473 U.S. 788, 797, 105 S. Ct. 3439, 87 L. Ed. 2d 567 (1985) (“[the court] must identify the nature of the forum, because the extent to which the Government may limit access depends on whether the forum is public or nonpublic”).

Upon application of these principles, we conclude that Greenwich Point is a traditional public forum because it has the characteristics of a public park. Indeed, our research indicates that each of the several federal courts that has considered the question of whether a beach park like Greenwich Point is a traditional public forum has found that it is.25 For example, *340in Naturist Society, Inc. v. Fillyaw, 958 F.2d 1515, 1522 (11th Cir. 1992), the court concluded that John D. MacArthur Beach State Park (park) in Florida is a public forum. In Fillyaw, members of the Naturist Society, Inc., a Wisconsin corporation that advocates a “ ‘clothing optional’ lifestyle”; id., 1517; wished to demonstrate in the park. Id. The park manager issued a permit allowing the group to distribute literature but placed several restrictions upon the group’s proposed demonstration. See id. Upon concluding that the park was a traditional public forum, the Eleventh Circuit Court of Appeals remanded the case to the district court to determine whether the restrictions constituted reasonable time, place and manner restrictions. Id., 1523. In reaching its conclusion that the park constituted a public forum, the court focused on the objective characteristics of the park, such as the presence of certain traditional park elements, including parking lots, a nature center and walkways.26 Id., 1522; see also *341United States v. Frandsen, supra, 212 F.3d 1237 n.4 (citing Fillyaw and finding error in the district court’s conclusion that Canaveral National Seashore in Florida was not traditional public forum); Smith v. Fort Lauderdale, 177 F.3d 954, 956 (11th Cir. 1999) (“[Eleventh Circuit] precedent conclusively establishes that the Fort Lauderdale Beach area . . . consisting of beach and sidewalk spaces ... is a public forum”).

A federal district court in the Second Circuit also has considered the question of whether a beach park is a public forum. In Paulsen v. Lehman, 839 F. Sup. 147, 161 (E.D.N.Y. 1993), the court concluded that Jones Beach State Park in New York is a traditional public forum. The court in Paulsen found the reasoning in Naturist Society, Inc. v. Fillyaw, supra, 958 F.2d 1515, “germane” and “compelling”; Paulsen v. Lehman, supra, 160; especially in light of “the striking similarities [between Jones Beach State Park and] the forum in Fillyaw . . . .’’Id. The court proceeded to adopt the reasoning of Fillyaw with regard to the characteristics of the beach park forum; id., 160; see Naturist Society, Inc. v. Fillyaw, supra, 1522-23; and noted that Jones Beach State Park contains, among other things, picnic areas, parking areas, play areas and biking areas. *342Paulsen v. Lehman, supra, 159.27 The court in Paulsen also relied on Gerritsen v. Los Angeles, 994 F.2d 570 (9th Cir. 1993), in which the Ninth Circuit Court of Appeals rejected the defendant’s contention that certain “blue-line areas” in El Pueblo Park of Los Angeles, California, were distinct from the rest of the park for public forum purposes. Id., 576. According to the defendant, one area had a “unique historic and cultural atmosphere . . . designed to foster commercial exchange”; id.; while another area was “semi-private in nature and [had] particular functions to carry out . . . necessitating] separation from activities in other areas of [El Pueblo Park].” Id. This argument failed to persuade the Ninth Circuit Court of Appeals, which concluded that the areas were “indistinguishable from other sections of the park in terms of visitors’ expectations of [their] public forum status.” Id. Accordingly, the blue-line areas were held to be part of the larger part of El Pueblo Park, which is a traditional public forum. Id.

In view of the fact that Greenwich Point contains shelters, ponds, a marina, a parking lot, open fields, a nature preserve, walkways, trails, picnic areas with picnic tables, a library book drop and a beach, it is clear that Greenwich Point qualifies as a park for purposes of *343first amendment analysis.28 The fact that Greenwich Point has a boundary on the Long Island Sound that serves as a beach for swimming, sun bathing and other activities in no way alters its character as a park. As such, it is a traditional public forum.29

“The government can exclude a speaker from a traditional public forum only when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest.” (Internal quotation marks omitted.) Arkansas Educational Television Commission v. Forbes, supra, 523 U.S. 677, quoting Cornelius v. NAACP Legal Defense & Educational Fund, supra, 473 U.S. 800. “In a public forum, by definition, all parties have a constitutional right of access and the State must demonstrate compelling reasons for restricting access to a single class of speakers . . . .” Perry Educational Assn. v. Perry Local Educators’ Assn., supra, 460 U.S. 55. Traditional public fora have “objective characteristics . . . [that] require the government to accommodate private speakers.” Arkansas Educational Television Commission v. Forbes, supra, 678.

In Warren v. Fairfax County, 196 F.3d 186 (4th Cir. 1999), an en banc panel of the Fourth Circuit Court of *344Appeals struck down as unconstitutional county restrictions that limited use of a large, grassy mall30 to “county residents, county employees, and county non-profits . . . .” Id., 189. In Warren, the court determined that the mall had the “characteristics of a traditional public forum.” Id. Accordingly, the court concluded that the defendant’s “exclusion of [nonresidents was] not a reasonable time, place, or manner restriction.” Id., 198 (addendum to majority opinion). Moreover, the exclusion was not “narrowly tailored to achieve compelling state interests.” Id. (addendum to majority opinion). The court proceeded to describe the compelling interests that the county had offered in justifying the exclusion. “[Even if it is] assumfed] that at least some of [the] interests [proffered by the defendant] are compelling, the residents only policy must be struck down because it is not narrowly tailored to achieve any of these ends. While narrow tailoring under the time, place, and manner standard does not require use of the least-restrictive alternative . . . the [defendant] may not burden substantially more speech than is necessary to further its interests .... [In this case] the [defendant’s] policy burdens substantially more speech than necessary to further any of its asserted interests. The [defendant] has closed this public forum to the entire world of speakers except the class of qualified persons. The same interests could be achieved with much less burden by the simple expedients of charging fees for upkeep and monitoring costs . . . .” (Citations omit*345ted.) Id., 198 (addendum to majority opinion);31 see also Florida State Conference of NAACP Branches v. Daytona Beach, 54 F. Sup. 2d 1283, 1288 (M.D. Fla. 1999) (“[Granting the [vehicular] passes proposed in the [Traffic Management Plan only to] Daytona Beach residents, registered hotel guests, and business owners and their employees does not comport with the First Amendment’s guarantee that the right of assembly will not be tied to an individual’s economic status or residence. . . . [The plan] constitute^] an unwarranted impediment to freedom of assembly in the Daytona Beach area.”). Succinctly put, “the First Amendment does not permit government to condition a speaker’s access to a public forum on whether the speaker has support in or an indigenous relationship with the local community.” Million Youth March, Inc. v. Safir, 18 F. Sup. 2d 334, 344 n.65 (S.D.N.Y. 1998).32

*346In the present case, the town has failed to explain why the ordinance’s virtual ban on nonresidents is a reasonable time, place or manner restriction on the use of the park by such nonresidents. Moreover, even if we assume that the town has a compelling interest in restricting nonresident access to the park—an assumption that finds no support in the record—the ordinance is not narrowly tailored to accomplish that end. See, e.g., Warren v. Fairfax County, supra, 196 F.3d 198. Consequently, the ordinance does not pass federal constitutional muster.

It is apparent, moreover, that the ordinance violates the first amendment both as applied to the plaintiff and for substantial overbreadth. With respect to the former ground for finding the ordinance unconstitutional, the town lawfully cannot bar the plaintiff from Greenwich Point due solely to the fact that he is a nonresident because the park is a public forum. Perry Educational Assn. v. Perry Local Educators’ Assn., supra, 460 U.S. 55 (“[i]n a public forum, by definition, all parties have a c