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Court weighs whether participating in city 5K is 'recreation' under Texas law

November 06, 2025 | Supreme Court of Texas, Judicial, Texas


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Court weighs whether participating in city 5K is 'recreation' under Texas law
The Supreme Court heard argument in City of San Antonio v. Riaume over whether participation in a 5K Turkey Trot that traversed a city park alongside the San Antonio River qualifies as an activity “associated with enjoying nature or the outdoors” under the Texas recreational‑use statute. The City urged the court to apply the statute and the heightened gross‑negligence standard applicable to governmental units; the plaintiff argued the activity was ordinary pedestrian transportation or competitive exercise, not recreation as the statute contemplates.

City counsel (Jackie Strel) urged a broad, objective test, noting the statute’s non‑exclusive wording and arguing the catchall phrase should cover outdoor exercise activities tied to park use. Counsel offered factor‑based guidance for courts to decide close cases — for example, whether the activity occurred outdoors, whether the natural feature (river, park) was part of the route, whether the event was organized and optional, and whether enjoyment of the outdoors was incidental or integral to the activity.

Justices pressed on difficult line‑drawing hypotheticals: walking or jogging to work, pleasure driving that passes through a park, amateur exercise vs. professional competition, sidewalk pedestrian use, and whether applying the statute to ordinary pedestrian travel would immunize governments from routine maintenance obligations (e.g., sidewalks and streets). Counsel and the court discussed legislative history and earlier opinions that treated similar activities variably; multiple justices emphasized the need for a workable, objective test to avoid turning every premises case into a factfinding mission on subjective intent.

The court also discussed the statute’s separate lists of enumerated activities and the catchall language; counsel noted the legislature, by adding examples and later amendments, had signaled the statute’s breadth but left room for case‑specific application. Counsel urged the court it could craft a narrow holding if desired, for example by concluding the Turkey Trot at issue qualifies under the catchall without deciding every outdoor exercise case.

Argument concluded without a decision. The case will determine whether the City is entitled to the recreational‑use statute’s gross‑negligence standard in this factual setting and whether ordinary walks, runs, or organized road races along public parks qualify as recreation under Texas law.

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