TexasCHLforum.com

thetexan wrote:As rotor stated, the sign is either compliant or it is not. Whether the sign has any legal force depends, as per statute, it's compliancy. And that compliancy has two parts...1) it's design, and 2) it's posting placement. If either of those or any parts therein are non-compliant (not to the specifications of the statute) then they, SUPPOSEDLY do not have legal force. But, as you will see, we live in a legal system of many possibilities.

Both 30.06 and 30.07 specify the precise wording that must be used and then requires that it be in both English and Spanish. Since the wording of the wording requirement is in English it is easy to know if any wording you may find is "identical" to the English version. But, since the wording in Spanish is a translation of that English version there is no clear "identical" Spanish version that I am aware of. I have seen different Spanish versions that I presume are close translations. But it would be difficult to put any of these Spanish versions to the "identical" test, especially since no Spanish wording is mandated but is left, by implication, to be translated by "someone". The legislature should have thought of that and specified the Spanish equivalent in the statute.

NOW THE THE REAL MEAT AND POTATOES OF THIS...

There is no case law that I am aware of concerning this subject so we are left to the reasonable interpretations of the rule and the knowledge that, until such time we are treated to an appellate ruling, we are at the mercy of the local courts, district attorneys, and juries to determine if a sign is compliant. When you add the nebulous deminimus doctrine to the mix deciding whether a sign is compliant and your willingness to make decisions based on that decision becomes more tedious.

An appellate court will be more strict in its review of the statutes because they are tasked with this one mission...to determine if the law was fairly and properly applied to your case. They are not finders of fact as the lower courts are. They simply determine whether the all aspects of the law, particularly those objected to at your trial, were applied properly.

The law is usually fairly cut and dried especially in 30.06 and 30.07. However there are several possible discrepancies that might be found to be deminimus in a lower court's rulings. Some of those might be...

1. Are letters 3/4 of an inch tall close enough to the required 1 inch to be considered deminimus to the deliberation? How about 7/8"?
2. Is the particular Spanish translation close enough to the prosecutor's expert's version to be considered deminimus? Does this even matter since you are a English speaking person and can clearly read the English version. The trial court might find that inconsistencies in the Spanish translation, or whether the Spanish is even present, deminimus to your case as an English person.
3. Is a misspelling of a word such as "30.60" rather than "30.06" a printing error, and is that error considered deminimus?

Then there are the old signs that read "...a person licensed under Article 4413 (29ee), Revised Statutes...". These are the old signs and are clearly and substantially not "identical". Are these substantially different enough? In my opinion, yes. For all I know there are persons licensed under Article 4413 (29ee), Revised Statutes (could be some type of security agent or something) and since I am licensed under 411 Subchapter H then I might reasonably conclude that the sign must not be addressing itself to me. Or, the owner clearly didn't find it was necessary to comply with the current 30.06 requirements either because he didn't find it necessary to upgrade and comply with the current law or, worse, he didn't care. Or worse still, he is ignorant of the current law and his requirement to comply with it.

OR....could that be deminimus?

Until we have appellate interpretation we are at the mercy of over 2000 Texas district, municipal, and JP courts each of which may rule differently given the same facts.

However, signs such as gunbuster signs and the like are clearly not compliant and have no force of law. So be wise in your consideration of whether a sign is compliant especially if you decide that its perceived non-compliance justifies your walking past it.

tex