That works for me until you cross my property line, which I may bar you from doing any time I please. You don't have an automatic right of access to my property. You only have access to it on my forbearance. That means that, on my property, I set the rules. On your property, you set the rules. But you don't get to set the rules on my property, and I don't get to set the rules on yours.austinrealtor wrote:I am all for property rights. I'm a big believer in property rights. I respect property rights and protect my own property rights strongly. BUT ... my natural right of self defense trumps ANYONE's property rights EVERY time.
Aaahhh... but the handicapped person has no choice in the matter of being handicapped, therefore the requirement to modify your property, which you have decided to make accessible to all the public, simply gives the handicapped person the same ability to access as you or I enjoy — whereas you can simply choose to disarm if you want to access the building. Think of all the racists who were forced to take down their "no coloreds allowed" signs (a forced modification of private property) in order to allow public access to people of color, who have no choice in the matter of their color, so that they would have the same access as white people. It's kind of like that.austinrealtor wrote:Just like the rights of the handicapped to access an open-to-the-public business trump the rights of the property owner to not be forced to alter his building to accomodate them. That is the best analogy for CHL rights trumping property rights ... the ADA.
OTH, you may bar someone from your home based on the color of their skin if you were so benighted a fool as to be like that.
As to the liability issue, there is no law that I am aware of that says you have to assume responsibility for my safety if I enter your property. I enter at my own risk. There are, however, laws which allow me to sue you for having failed to make your property safe enough. Thus, we have an entire class of lawyers who specialize in nothing but personal injury lawsuits. Therefore, you carry insurance against the possibility that I might slip and fall on your property, or... get shot on your property... because you failed to maintain safe conditions.
Now, I personally would prefer that my CHL permits me to go anywhere I want to while carrying — including bars, courthouses, and the White House. But, I don't think I am able to overcome the above objections in a way that still preserves the rights of property owners, who, after all, do have some rights in the matter.