Wednesday, May 09, 2007

Help me settle an argument

I've been talking for a long time with a co-worker about how people have no "right" to be on private property. My position is that you can be asked to leave an Applebee's for any reason, so long as it isn't the protected race, gender, etc. If you don't leave, you can be charged with trespassing.

He claims that that only holds true for "private property" that wouldn't include a "public" place like Applebees because (we're assuming) it's owned by shareholders or something and not one Mr. Applebee.

Personally, I think that's ridiculous and there aren't two classifications of private property like he's suggesting. Either it's a public place like a school or a park... or it's private property like your home or an Olive Garden. However, I've pored through Ohio Revised Code and can't find a damn thing to prove me right.

What say you?

Oh, and this all got drudged up again thanks to the Juice:

Ruby to O.J.: 'I'm not serving you'

LOUISVILLE, Ky. - The owner of an upscale steakhouse in Louisville said he asked O.J. Simpson to leave his restaurant the night before the Kentucky Derby because he is sickened by the attention Simpson still attracts.

"I didn't want to serve him because of my convictions of what he's done to those families," Jeff Ruby, owner of Jeff Ruby's Steakhouse, said in a telephone interview Tuesday. "The way he continues to torture the lives of those families ... with his behavior, attitude and conduct."

...

3 Comments:

At May 10, 2007, Blogger Nick said...

I loved hearing that story about OJ.

I'm with you. Applebee's is not a public place. It doesn't matter whether Applebee's is owned by one person or a hundred, they let management wield their power, and if management refuses service or wants you off of the premises, you don't have a choice. The land Applebee's is built on is not owned by the government. I think you're 100% correct.

 
At May 10, 2007, Blogger Mike @ MidwesternBite said...

Now if only we can prove it.

It's weird. This seems like such a common sense basic legal principle that I haven't a clue about how to prove it. There's no definition of private property that helps that I can see. It isn't mentioned in the definition of trespassing. There are legal defn's for invitee that start to get there, but anything in actual Ohio code that I find only talks about negligence like that Wiki link.

 
At May 10, 2007, Blogger Nick said...

Look at it this way: if you rent your land to a tenant, does the tenant have any less right to kick a trespasser or unwelcome guest off of the land than you would? I would say 'no.'

 

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