The state's Attorney General has issued an opinion that property owners' rights trumps the posting law.
Who is the Attorney General and what about his opinion? The State Attorney General is the head prosecutor in the state, and the boss of the various prosecutors in the state. (lawyers such as John H. - correct me if I am wrong). The rendered opinion thus enjoins the various prosecutors to charge people with an offense, such as the "criminal trespass", as stated in the opinion.
Before I go further though, let me publicly state that I will leave such an establishment that tells me to leave, and never return, and well as tell everyone I can to boycott the establishment. I, for one, don't have the money to become a test case (some people purposefully become test cases - e.g., John Scopes and Rosa Parks).
But according to the AG's opinion, if a person did not belong to a protected sub class of people, then a restaurant owner could discriminate at will. For example, the owner was abused by his red-haired mother, and therefore will refuse service to red-haired women. Or the owner thinks that the women's group, the Red Hat Society, is made up of a bunch of old, nutty women, and refuses them service. This could go on and on. Or a restaurant owner decides on the spot, that he/she is sick and tired of a pro-gun activist club and tells all members to leave in the middle of a meeting. All of these appear to be valid except in the case where the owner is a smoker, and wants all legal smokers (18 years old) to be allowed in, but can't, by state law (must be 21 and up). Of course, in these specific cases, the AG's opinion doesn't matter as much as exisiting case law.
One other point of discussion. According to the trespass law, if you are informed by the owner, or by the owner's representative,you must leave. Suppose, for example, you are in a store in a non-posted mall, and the business asked you to leave, MUST you comply (legally)? The business is a lessee of the property, not the property owner, so a store manager is not necessarily a representative of the property owner. The law actually uses the term: "owner's effective consent". Does anyone REALLY know what that means from case law? Does a store manager, where the business is a lessee, have the "owner's effective consent" by a lease?
My doctor's office has a sign on the door that says: "no concealed carry". I wonder if I should open carry in there, since I am only complying with the property owner's wishes, as per the AG opinion?
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VRWC (Vast Right Wing Conspiracy)