TexasCHLforum.com

jmra wrote:IMHO if the sign is "displayed in a conspicuous manner clearly visible to the public" there shouldn't be any need for you to "look" for the sign when entering a building. As far as I'm concerned the sign should pretty much knock you down when you enter the building.

I agree. And I wasn't meaning to infer that you must go seeking out a sign in every nook and cranny of a building. Merely that you have to at least "look" and not have your head buried in your iPhone or something upon entering the building and then claim you didn't see the 2-foot by 3-foot white sign with 1-inch block letters on the exterior wall to the right of the entrance door you walked through.

tacticool wrote:Concealed behind a planter isn't clearly visible, but openly displayed on a wall of the hallway probably qualifies.

I understand your point here, but I'll mildly challenge the last part of your sentence above

I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.

"displayed in a conspicuous manner clearly visible to the public"

To me this means:

If you honestly LOOKED for proper signage upon entering premises ...
AND if you didn't see this sign ...
And they can't prove you did see it ...

... you have some amount "plausible deniability".

Of course, you may have to take the ride and even show up in court to prove this etc etc . But maybe not. Maybe you can convince the officer called to the scene that "hey, I looked for signs at the entrance and there are none. I didn't even see this sign until I was leaving the building because of where it's placed."

My point is this. If you truly, honest to God, swear on the Bible DID NOT SEE the sign before entering, are you really guilty? Up to the LEO, the prosecutor, and ultimately the judge and/or jury to decide.

IMHO, the text of PC 30.06 was written the way it's written on purpose. To put the onus on BOTH the property owner and the CHLee to do their part. Our responsibility is to look high and low for proper signage and to respect and abide by the proper signage whenever we see it. If the owner does his/her part and puts up the correct sign with correct wording in letters of correct height in both English and Spanish, but then puts that sign in a side hallway between a parking garage and a building and that's THE ONLY printed notice (sign or otherwise) and there is no oral notice, then did the owner truly do all that was necessary to effectively give notice as required in PC 30.06?

As far as I know, there is no case history nor precedence on this issue. And - again - I AM NOT A LAWYER.

But I wouldn't sweat it. I also WOULD NOT go back there again while carrying IF this was a valid/enforceable sign (which has already been discussed, it likely is not in the OP's case).

This situation has happened to me a few times over the years with VALID AND ENFORCEABLE SIGNS .... kinda makes your heart jump into your throat when you first realize it, asking "did I just break the law?" One Austin-area hospital in particular has about three or four different types of signage, one of which is valid/enforceable - and it's only posted on ONE DOOR. But again, if you made an honest effort to look for proper signage (as we all should - it's our responsibility) and you didn't see it and you didn't get stopped, questioned, harassed, arrested - then again - don't sweat it.