PrepTest 31, Section 2, Question 24
Town councillor: The only reason for the town to have ordinances restricting where skateboarding can be done would be to protect children from danger. Skateboarding in the town's River Park is undoubtedly dangerous, but we should not pass an ordinance prohibiting it. If children cannot skateboard in the park, they will most certainly skateboard in the streets. And skateboarding in the streets is more dangerous than skateboarding in the park.
Town councillor: The only reason for the town to have ordinances restricting where skateboarding can be done would be to protect children from danger. Skateboarding in the town's River Park is undoubtedly dangerous, but we should not pass an ordinance prohibiting it. If children cannot skateboard in the park, they will most certainly skateboard in the streets. And skateboarding in the streets is more dangerous than skateboarding in the park.
Town councillor: The only reason for the town to have ordinances restricting where skateboarding can be done would be to protect children from danger. Skateboarding in the town's River Park is undoubtedly dangerous, but we should not pass an ordinance prohibiting it. If children cannot skateboard in the park, they will most certainly skateboard in the streets. And skateboarding in the streets is more dangerous than skateboarding in the park.
Town councillor: The only reason for the town to have ordinances restricting where skateboarding can be done would be to protect children from danger. Skateboarding in the town's River Park is undoubtedly dangerous, but we should not pass an ordinance prohibiting it. If children cannot skateboard in the park, they will most certainly skateboard in the streets. And skateboarding in the streets is more dangerous than skateboarding in the park.
Which one of the following principles, if established, would provide the strongest support for the town councillor's argument?
Ordinances that restrict the recreational activities of a town's inhabitants should not be passed unless those activities pose a danger to participants.
Since the town could be legally liable for accidents that occur on public property, town ordinances should restrict any unnecessarily dangerous activities in publicly owned areas.
Since safety in a recreational activity depends on the level of skill of the participant in that activity, the regulation of children's recreational activities should be left to the discretion of the children's parents.
If recreational activities constitute a danger to the participants in those activities, then the town council should enact ordinances prohibiting those activities.
Ordinances that seek to eliminate dangers should not be enacted if their enactment would lead to dangers that are greater than those they seek to eliminate.
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