TexasCHLforum.com

srothstein wrote:

chasfm11 wrote:

A-R wrote: Wrong. 30.05 gives the legal right under Texas law to ban anything and anyone from your property. Federal law, however, supersedes and makes banning the protected classes illegal.

So you are saying that a ban against turbans would be legal and supported under Texas law? And that a store owner could put up a sign banning turbans and call LE to enforce it?

Yes, that is correct.

OK. I get it. Now the real question is: how likely is the enforcement to happen? There are a lot of States where open carry is legal but is almost never done because, as a practical matter, it would only take one MWAG call to shut it down. What I'm asking is the difference between the theory of the law and its practical application. Just because something can be done doesn't mean that it is actually allowed.

A-R wrote: Wrong. 30.05 gives the legal right under Texas law to ban anything and anyone from your property. Federal law, however, supersedes and makes banning the protected classes illegal.

So you are saying that a ban against turbans would be legal and supported under Texas law? And that a store owner could put up a sign banning turbans and call LE to enforce it?

baron wrote:

jnichols2 wrote:The feeling that a private property owner that chooses to start a business that deals with the public loses what property rights he had seems particularly strong. And this is coming from a forum dedicated to folks that chose to arm themselves in order to protect said rights.

What I am seeing is support for the Second Amendment to have the same status as other constitutional rights. If a business owner can post a legally binding sign prohibiting guns, they should be able to post legally binding signs prohibiting certain religious attire, etc. And the police should enforce those signs with equal zeal.

On the other hand, if a "No Turbans" sign is not legally valid than a "No Guns" sign shouldn't be either. The same should hold true for a company's HR policies.

The difference is that the Texas Legislature did not pass a bill that creates a sign which bans turbans or anything else. While I understand that the 30.06 provision was necessary to get the CC bill passed, the problem lies with the Legislature regarding what can be banned and what doesn't have a legal means for a ban. The public retains the right to take their business elsewhere in response to the business use of the legal bans.

I see this matter differently.

Governments, including the State, regulate things. Alcohol, for example, cannot be consumed in places that sell it unless they have a bar type of license. It is a State regulation. It is imposed, in part, by the decision that the store owner made by the type of business that they operate. But it remains a State regulation, not a business owner option, just because they made the choice on the type of business that they want to run.

30.06 is a State regulation. Like a lot of State regulations, I don't like it. But it is not a business owner decision about its existence, only its application. A business does or does not choose to invoke the State regulation. Unlike the alcohol regulations, this one is optional by the store.

Businesses make a lot of choices about regulations. Pest control companies have to have certain types of licenses in order for their technicians to apply certain types of chemicals. A bug guy is not licensed to apply lawn fertilizer without the proper certification. The same business can employ people with different certifications and those individuals are regulated about what they can apply, not the business itself. There are 100s of other examples about what businesses can and cannot do, all of them tied up, to some extent, by the decisions that business wants to make about how and to the extent that it conducts business. The State then mandates the regulations and sometimes the penalties for non-compliance. It is the State that can fine or take away the license from a business for selling to minors who are prohibited from buying certain products from spray paint to alcohol. I also don't like being carded when I buy any sort of fluid that is on the State regulated list but the stores who sell those fluid are obligated to follow the State regulation for doing so.

The State provides a lot of different kinds of regulations, some of them mandatory, some of them optional, depending on the business owner choices. It is the State, not the business owner who applies the punishment for violation of them. Campus Carry is simply a mandatory restriction while 30.06 is an optional one.