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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 10-12-2010, 10:57 AM
Merle Merle is offline
Join Date: Jul 2009
Location: East Lake Tahoe
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Default Publicaly Accessible versus Private Property

I just watched a woman picketting SEIU and was asked to "move to the sidewalk". If the property is open to the public, then why should she have to move to the sidewalk?

We know there are variations for which we open up private property to the public:
  • Secured private property which is NOT open to the public: your home via the front door.
  • Unsecured private property and is easily accessible by the public: your driveway or front yard (w/o a gate or fence)
  • Open private property due to business: Strip mall, public parking lot.

In all the above cases, private property remains private property. And business codes, licenses and laws force certain property owners to obey various laws (e.g. can't discriminate if you operate a business open to the public).

Is it an issue of trespass (and shouldn't only the property owner be able to ask the police to enforce and not just a tenant of a building regarding a common area)? Is there a different standard for protesting (1A) versus carrying a gun (2A)?
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Old 10-12-2010, 3:41 PM
Andy Taylor Andy Taylor is offline
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Location: Colorado Rockies
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Who was it that asked her to leave? Even private property that is open to the public has rights. In a business environment such as a mall, the property owner, or his/her agent (typically in the form of a security guard, but not always) may ask anyone to leave the property for any reason so long as it is not because of race, gender,..etc. Common reasons would be inapproriate dress, or perhaps behavior such as soliciting sales (not talking sex, more like magazine subscriptions, or cookies or whatever.) or panhandling. If you owned the property, would you want someone picketing your business, or your tenant's business, on your property? Or would you ask them to move to the sidewalk?
"Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement." Winston Churchill

“Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can” Samual Adams
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