Re: Challenge to Hospitality: The ID Check in the Lobby

In article ,

[TELECOM Digest Editor's Note: What I could never understand is how > stores such as Walmart on the one hand want to encourage shoppers > (although I do not personally care for the chain) yet on the other > hand they can claim that someone is 'tresspassing' if the person comes > in their store. Ditto with public transit. If it is a public place, > which is claimed,

It is *still* _PRIVATE_PROPERTY_, and the property owner _does_ have the legal right to determine who can, and *cannot*, be present on their property.

The property can extend an invitation (permission) to the 'general public', and then revoke -- by 'actual notice' to the party involved -- that permission for specific individuals.

Where an invitation to the general public exists, *before* you can be charged with trespass, they must first expressly notify you that your presence is 'no longer welcome' (i.e., they ask you to leave the premises, "now"), and you fail to comply with that request in a timely manner.

then how can a member of the public who chooses to > go inside or upon the property of the store or the transit agency get > arrested by police for trespassing? Yet CTA does that all time; so > does Walmart. Seems to me like Walmart and transit agency want to have > things both ways at the same time. PAT]

If you allow somebody into your apartment -- say, to use the phone -- do you think you should have no recourse, if they sit down on the sofa and refuse to leave when you ask?

[TELECOM Digest Editor's Note: There is a considerable difference between purely private, residential property and privately owned property used for commercial purposes, as any reasonably intelligent person would explain to you. At my house, for example, I have to positively invite someone to come in to use the phone. Walmart does not 'invite' someone in to do shopping or use the phone. The store just sits there with an open door; people walk in and out at their leisure. No one specifically 'invites' or 'allows' them to come in to do shopping. Now if Walmart was to specifically lock their front door, and have someone sit there to question all comers, and specifi- cally allow them to come in to do shopping or use the phone or whatever that would be different. When is the last time you ever heard someone walk into Walmart, seek out the manager or some responsible employee and ask permission, "is it okay if I come in to go shopping?" PAT]
Reply to
Robert Bonomi
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