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  • ZX9RCAM

    Over the Rainbow bridge...
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    The point is, free speech isn't protected on private property. Off the property someone can say anything bad about the business they want, but don't tell me a person can go inside a business and talk to the customers about how bad that business is and not be removed.

    Of course, there is a little ole thing called slander....
    Hurley's Gold
     

    easy rider

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    Let me try again.

    Yes, the Bill of Rights only limits what the “government” can do regarding those rights.

    Yes a property owner can step all over “my rights” if I wish to enter his property.

    “No shirt, no shoes, no service.”
    “No openly carried firearms.”
    “Let me see what you have in that bag.”
    “No hats, hoodies or masks.”
    “No piercings or tats.”
    Etc.
    My issue is that the government has (with 30.06 and 30.07) criminalized the excercising of a right. That goes way beyond the property owner in some manner limiting or rejecting the “rights” of a visitor!

    Another (probably poor) analogy; atheist restaurant owner forbids people saying grace before dining and he refuses to let you return if you ever try it. Again, his call; our call whether to eat there or not.

    If there is also a law that says he can have you fined when his video shows you doing that. That is the government violating the BoR.
    I guess I'm more against laws that tell a business owner that they have to bake a cake for a gay couple then I am about signs that tell of a criminal trespass, since without the signs you can still be charged with criminal trespass depending on the situation.
     

    avvidclif

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    If 30.06 posted and you are caught carrying and asked to leave (and comply) it's a max $200 fine if they want to push the issue.

    Sec D:

    (d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
     

    majormadmax

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    Try all you want, but it is not the government limiting your rights in such situations, it is the property owner. The government has every right to give that authority to the property owner. Essentially the owner can define whatever standards they want to allow people to be on their property, and any failure to abide or leave is already criminalized under the state's trespassing laws.

    Instead of analogies, I will use the recent incident of the two black males who were told to leave a Starbucks because they weren't paying patrons. Despite their claims of discrimination, what it boils down to is that they were on private property and failed to leave when told. That is against the law, hence why they were arrested.
     

    LOCKHART

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    Be that as it may, watch for the two black guys to hit the "ghetto lottery" on this one. These people, along with Muslims, are the new protected classes. Starbucks has deep pockets and all their stores are owned and frequented by idiot liberals, so I see a big pay off coming for those two fellows.
     

    seeker_two

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    That place east of Waco....
    Be that as it may, watch for the two black guys to hit the "ghetto lottery" on this one. These people, along with Muslims, are the new protected classes. Starbucks has deep pockets and all their stores are owned and frequented by idiot liberals, so I see a big pay off coming for those two fellows.
    If they had held hands and ordered some cake, they would have doubled their payout....

    Sent from my SM-G892A using Tapatalk
     

    majormadmax

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    Be that as it may, watch for the two black guys to hit the "ghetto lottery" on this one. These people, along with Muslims, are the new protected classes. Starbucks has deep pockets and all their stores are owned and frequented by idiot liberals, so I see a big pay off coming for those two fellows.

    No disputing that, but that's due to the lunacy that is occurring in our civil courts (and courts of public opinion, for what that's worth!).

    Criminally they were guilty as charged...
     

    Double Naught Spy

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    Texas needs this Tennessee law. Effectively, if I'm reading it correctly, it places the liability for damages from death or injury on the business if the business invokes the "gun free zone" policy and a legally authorized CC patron is injured or killed as a result of not having his EDC while on premises. This could be anything from a deranged shooter to a rabid dog or wild hog in the parking lot. Write your congressman asap.

    http://www.capitol.tn.gov/Bills/109/Bill/HB2033.pdf

    Can somebody show me where this is an actual law? The pdf goes to a house bill. I can't find this as law on Tennessee's legislative site.
     

    no2gates

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    That's big government again. A business should be able to make their own rules. Don't get me wrong, I don't like businesses that don't allow carrying when there is lawful carry, but that should be up to them and the people who go there to take the risks, just like anywhere else. If this were to happen at a hospital, would the hospital be liable if some crazed lunatic shot up the place? Or maybe a government building that doesn't allow carry? Good luck suing them. No matter what you think of Waffle House and their rules, they are not the cause of this guy doing what he did, no more then the gun was the cause.

    Ok, but where does it stop. If you can prevent people from entering who are carrying a gun then what's to stop them from not allowing people with green shirts, wheelchairs, gays, blacks, bad hair, etc... ???
     

    TAZ

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    I’m wary of the whole what’s good for the goose mentality. I understand it, but at the same time it has a tendency to escalate thing pretty quick.

    I think something along the lines of absolving business of all criminal, civil, financial... liability from a licensed holder injuring someone would be far better. Good luck with that though.
     

    easy rider

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    Ok, but where does it stop. If you can prevent people from entering who are carrying a gun then what's to stop them from not allowing people with green shirts, wheelchairs, gays, blacks, bad hair, etc... ???
    A business should have the right to discriminate, just like you have the right not to do business with them. I'm sure it wouldn't help their business to discriminate for all those things, but they have a right to run their business into the ground too.
     

    no2gates

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    A business should have the right to discriminate, just like you have the right not to do business with them. I'm sure it wouldn't help their business to discriminate for all those things, but they have a right to run their business into the ground too.

    So, you're saying it should be ok for a business to not allow someone in a wheelchair into their business?
     

    easy rider

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    So, you're saying it should be ok for a business to not allow someone in a wheelchair into their business?
    The ADA already defines the law as far as that goes, depending on the size of a business, so it doesn't really matter what anyone thinks.
     

    thequintessentialman

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    Sigh.
    10 pages of arguing over a law that nearly passed in Tennessee, and hasn't been seriously debated in TX legislature .





    I love this forum.
    ... the idea was to get the discussion going. Just sitting back and waiting is not overly effective. Maybe if everyone writes their rep it would help.

    Actually I believe it did become law but only after it was rewritten to give business complete absolution of liability from posting as gun free zone. I just got sick on the stomach...

    https://www.bakerdonelson.com/Tenne...ntinue-to-Prohibit-Guns-Without-New-Liability
     

    Double Naught Spy

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    ... the idea was to get the discussion going. Just sitting back and waiting is not overly effective. Maybe if everyone writes their rep it would help.

    Actually I believe it did become law but only after it was rewritten to give business complete absolution of liability from posting as gun free zone. I just got sick on the stomach...

    https://www.bakerdonelson.com/Tenne...ntinue-to-Prohibit-Guns-Without-New-Liability

    Thank you. That is what I recalled having happened, but I could not find it either. There is no way any state is going to pass a bill such as was the original text. It is just plain stupid. In part, it only protects those who have a license to carry and nobody else. Second, it has no justification. Anybody with a license injured in a robber in a business that did not allow guns could sue for not being allowed to carry even if that person wasn't going to carry anyway. Most people who own guns, most with licenses to carry, do not carry most of the time anyway. It was a stupid bill and correctly gutted.
     

    phoenix

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    Texas needs this Tennessee law. Effectively, if I'm reading it correctly, it places the liability for damages from death or injury on the business if the business invokes the "gun free zone" policy and a legally authorized CC patron is injured or killed as a result of not having his EDC while on premises. This could be anything from a deranged shooter to a rabid dog or wild hog in the parking lot. Write your congressman asap.

    http://www.capitol.tn.gov/Bills/109/Bill/HB2033.pdf

    I wish every state had that. The thing is there are some states that the signs don't carry the force of law. I think North Carolina, Delaware and PA are among them.
     
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