At its Nov. 20 meeting, the Green Park Board of Aldermen discussed a divisive topic that has long been plaguing the city: basketball hoops.

The topic of basketball hoops first came to the board’s attention in spring 2021 when a resident of Suanis Court began to erect an in-ground basketball hoop at the back of the curb. While the hoop was technically temporary as the pole could be removed from the in-ground base, the in-ground base was –  as the name implies – in-ground, and in the city right-of-way.

Because of this, a neighbor complained and former City Administrator/City Clerk James Mello followed up, giving the resident a seemingly simple solution: apply for a permit to put structures in the right-of-way. This permit, however, had to be approved by the board.

At an April 2021 board meeting, the property owners – Ed and Nancy Slade – explained that they were unaware of any right-of-way when they purchased and installed the basketball PROBASE. They bought this new base mainly for safety reasons, stating that it securely holds a stand and hoop and can handle inclement weather and winds. Their previous portable stand could blow over and damage children and/or property.

Despite the lengthy discussion about the hoops, a decision to approve or deny the applied-for permit did not occur, as there was a motion to table the discussion until May 2021 “pending the City being listed as an additional insured and getting an inspection to make sure the basketball PROBASE was installed properly.”

Mayor Tim Thuston informed the board at the following meeting that he drove through Green Park to see how many other residents had basketball hoops, and how and where they were located. He counted 47 basketball hoops – the aforementioned one on Suanis, nine that were installed in concrete on the homeowner’s property and 37 portable units that could be moved in and out of the right-of-way. Of the 37 portable units counted, the majority were sitting in the city’s right-of-way at the time Thuston saw them.

A newsletter was sent out that month advising residents that basketball hoops or any other items must not be placed in the city’s right-of-way as there is the risk of damaging utilities.

“That is the reason to have a right-of-way,” the May 2021 board meeting minutes read. “The City has a code and those codes and ordinances should be enforced. No one wants to stop children from playing, but there is too great of a danger that something might happen.”

A decision was ultimately made by a vote of 4-2 to deny the license for the Slades that May. The board further directed staff to make sure that this was equitably enforced across the city, as denying one resident a permit while allowing dozens of others to place basketball hoops in the right-of-way was not appropriate. In total, the city issued 25-30 citation letters, asking residents to remove their hoops.

After multiple rounds of letters, all but six hoops had been removed. The issue was turned over to St. Louis County Courts for prosecution, but after more than six months of inaction, the city was informed that the County Courts were no longer providing prosecuting services. Green Park then retained its own prosecuting attorney – Tim Engelmeyer – and another round of letters was sent. Those who still had hoops in the right-of-way were issued a court summons.

Recent developments

After virtually no discussion from the board at its meetings on the topic since late 2021, the hoops were brought up again by two separate households on Nov. 20.

Before the board first was Ron Laszewski, a resident of Cedarberry Place who has had a basketball hoop in his yard for 23 years.

“I get a letter – you want me to remove my basketball goal. You quote an ordinance that is about obtaining a permit to place items in the right-of-way, but you didn’t print the next few sentences, which are very important: ‘If you’re gonna place something in a right-of-way, and it doesn’t dig up the ground, nor does it block traffic, don’t apply for a permit and do not call City Hall,’” Laszewski said.

According to him, he and his family followed the ordinance exactly and even checked with their lawyers to make sure. He told Engelmeyer “his side of the story,” to which the prosecuting attorney replied, “Let’s let a judge decide on it.”

While at court, per Laszewski, he and his wife talked to the judge privately before going in front of him, explaining that the county ordinance allows basketball hoops as long as they are not put in the street or sidewalk or anchored to the ground – which theirs is not. After this, he was told by the city attorney that he and his wife would not need to go in front of the judge and that the case was dropped. A week later, however, the family received another letter. They were told that it was an accident, but are still to this day receiving letters from the court.

“We’re not going to go back because we’re gonna believe what the city attorney said,” Laszewski said. “The whole thing is, like, leave my family alone.”

Next before the board were Rick and Christina Serina along with five of their six children.

“We moved here from New Jersey. One of the reasons that we bought in the Cedarberry Park subdivision was because when we drove through, we saw a good half-dozen basketball goals, people playing outside – very attractive to us as we moved and wanted to find a place where we could stay for the long term,” Rick Serina said. “It’s been very disappointing to us that the basketball goals have been targeted in the way that they have been.”

He echoed some of Laszewski’s points that the ordinance does not “in any way, shape or form” apply to basketball hoops.

“It seems to be referring to obstructions – not only the right-of-way, but access to utilities, drainage flow. It really has nothing to do with temporary, movable basketball goals at all,” he said. “An action like this does nothing but deter families from moving to this community.”