Return to “Grapevine Excludes CCL at Grapefest - Help end this Practice”
Not if proper notice is given pursuant to PC §30.06. Actually, it isn't required under TPC §30.05 either, but that's a common practice with many law enforcement agencies.johnson0317 wrote:When it is not one of the absolute no-carry areas, such as a post office or courthouse, don't they have to ask you to leave first?
Some suits can be filed without an arrest, but since 30.06 signs on government property cannot be enforced (with limited exceptions), a pre-arrest suit is highly problematic. Even with an arrest, it's going to be hard to state a §1983 action, but not impossible.Jumping Frog wrote:Non-lawyer asking a question: would someone actually have to be arrested to have "standing" for a lawsuit?
I forgot about that, but I'm going to send the ORR to the city. My guess is the city manager had public works post the signs, but the ORR will reveal this information.Keith B wrote:Charles,Charles L. Cotton wrote:30.06 signs posted on government property that isn't already off-limits are unenforceable. Unfortunately, there's nothing currently in the Penal or Local Gov't Code that makes posting such signs unlawful. Therefore, there's nothing that can be done legally to force them to remove the sign(s).
I'll send an open records request; that often gets the desired response.
Chas.
This is the same city I made an open records request to on the Grapevine Mills Mall and their invalidly worded 30.06 sign. Even had a chat with one of the Lieutenants and Chief about informant the sign. Their response was they have no standing policy on enforcement of the sign, but would leave it up to individual officers discretion to enforce. However, it was told to me that if an officer did arrest someone they would turn it to the City Prosecutor to follow through.
Will be interesting to see what their response to your request is.