of the day like about four thirty it cuts off you can do as he pleases although he has to stay obviously the fire department job duties have nothing to do which is to look at your case with or you come down just because enough to do it recreation his job the fire  accident we have the ship commander who has indicated let's play some basketball with get some team building so we have firemen who are on call there after hours and are firemen coming in there to mandate that saying you're required to do this they want we put testified his time is his time after hours he could sit and watch television he could sleep he could eat he did not have to do this as a matter of fact it was a common a think  nervous and flights i did sit down and read a little bit professor larson his treatise and i came across the on call and it came across and if you look at my brief it probably has some top bought cars and also says and refers to states who are limiting liability and coverage for recreational activities and he cites to illinois  right the command issues commander encourage this activity correctness credit so you saying that under the statute there can never anytime somebody is playing basketball and volleyball that's a recreational facility and covers most of must always denied if it's voluntary if you decide to go out and engage in all turns on a voluntary is whether they encourage him to do it i think that's what the baseball makes it very clear that there's only one thing to look at when we look at this first of all we are  bottom line was that he was participating in basketball activity he had to be a two one two game i believe or three on three whatever it was and many on the players chose to do that voluntarily did he do it  says hey guys you should play basketball to get exercise and it's a team building exercise so you have this quit that you have to supervise or telling them they should do this to me it morphs into a normal activity  training have some other things to work on he said it or thirty his day ended and it was all pretty much it was that point it was his time his time it's not you're going to continue on now you're going to play basketball that night that never say that he's certain to do that you know to play basketball but i think i'm looking at the record and they want he was not told that he had to play he was so he was going to tell them their why would they tell someone as an example circumstances in the employee we cover you seem to be saying that if you don't want to admit that that's or to say no i think what if what it comes down to is we follow this line of reasoning that if you're being encouraged to do something or is suggesting that you you know play the game and now the doing this ok that's a little different what they are headed to was they didn't have to put your foot in there to begin with and if they did i think the critical component in my opinion is the commander encouraging them to do this they can put stuff out there but the commanders should be encouraging cited and to me this case is so distinguish of all because my guy and he's adamant place of employment he's not on call he is on the clock  what section eleven s for i am and i think fully in this case i mean we've got the eagle disc happiest it's been around been around for thirty four years if it applied to something like the situation i think it would have come up by and they should voluntarily recreational programs yeah yeah and that and that was missing and because i said to me i think if you say voluntary recreational program in my mind that is an organized event off the employer's premises i mean i said look with this i mean this is you know clearly you know we're here and i said my arguments you know their team building they were encouraged to do this program i don't think it's a program now i mean it there i don't think that there's no evidence to suggest they have a schedule of who's playing when i mean i you know to me it's not a side organize event i was probably calling up activity would mean something that you were doing outside of the premises off i'm your own time not something where you are you know on the clock on the on the job at the premises that's that's where i think that scene where the state distinction is this case and cases such as firefighters and i think they and he says that you know maybe firefighters are you usually sometimes if we don't find anything but i did statutory construction will look to the plain ordinary language now if you look at sachs allow it possibly a recreational program but then it says including but not limited to i don't know what that means to you that means we're taking any type of part regional program but including but not limited to athletic events picnics and park gala there are other things as well something of that sort you know maybe by your argument but you know two on two three on three there's a cardiovascular benefit i mean we can recognize that there is a fitness faulty to this the record indicates that that was facilities for you stay active and physically fit it's a good thing certainly it is it's not a requirement of the job the onus is you're not working at that point i can do it my time as i wish i don't have to engage in rewarding he was  testify that they encourage exercise and playing sports while on duty but i is mandatory activities he has to say this it was the day he was required to stay but the problem is that he ended his shift in terms of those duties it had to do he had to be there if there was an emergency call obviously now  do as he wishes they were current fitness but you can do what you want and we're not going to reprimand you for discipline if you don't engage in it we've provided these things and if what you're saying today is well now it becomes mandatory now what this program encourages the fitness aspect of it versus if there was a basketball court in some law firm or a google type environment where you know this much easier to find that is purely  don't how many employers i'm very physical fitness how many employers actually will say you know what instead of taking the elevator up to the to the courthouse or whatever else i want you to start thinking the fares that encouraging physical boy in a don't do it