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Politics Where we learn not to think less of others who don't share our views |
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#1 | |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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The woman was not trespassing at any point and couldn't have been charged with it. She bought a ticket to the movies, (actually 2 tickets) and attended with some friends who also bought some. This was her pass to get onto the property. Assuming that there were no signs up saying that you can't hand out government forms, she had no idea of knowing this would bother anyone and in fact it did not bother anyone other than the manager. Note: The manager is not the owner of the property.
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At no point were anyone's property rights violated, and anyone who claims they were is either lacks the brain cells or the honesty to comprehend it. There is no irony, and no inconsistancy in what I'm saying. She exercised her rights and didn't violate anyone else's rights. That is as libertarian as you can get. The cops were not doing thier job and were not upholding the law. They were called about a disturbance and clearly there was none. The person who was accused of creating a disturbance by the person who actually created it (the theater manager) was on their way to her car and wasn't disturbing anyone. They then called her back and argued with her and when she stood up for her rights and didn't bow down to thier supreme almighty authority as a cop, they got pissed and cuffed her.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#2 |
I am meaty
Join Date: Dec 2001
Location: Salt Lake City, UT
Posts: 1,119
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Oh, I see now, Radar... I hadn't realized that you were actually there, and witnessed the entire event. I assume you were there personally, because that's the only way you could know these minute details which are not disclosed in the article, many of which actually contradict the text of the article.
And I didn't realize that I can't enforce anything on my property without erecting a warning sign... I'd better get started making signs, otherwise the pizza guy will be within his rights to start harrassing my houseguests when he gets here... the fact that I ordered a pizza is his pass onto my property! And if I ask him to leave, apparently he can argue with me about it for an indefinite amount of time, while continuing to harrass my houseguests! And I can't call the cops, because the pizza guy is acting within his RIGHTS! If that's Libertarianism, I want no part in it. I prefer freedom, and the property rights that come with it.
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#3 |
I am meaty
Join Date: Dec 2001
Location: Salt Lake City, UT
Posts: 1,119
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Incidentally, I'm not arguing that the theater should have called the police on a matter such as this... I think that was a lousy way to deal with the problem, and makes them out to be assholes. But just as she has the right to be a bitch, they have the right to be assholes. They were within their legal rights. The cops were just doing their jobs, which is to uphold the law, and not arresting a woman for any anti-Bush sentiments, real or imagined.
Hell, I went head-to-head with a theater manager once when he insulted my wife and I, and called him some unsavory names... and they threated to have security remove me from the theater. They would have been within their legal rights to toss me out, despite the fact that they initiated the conflict. But they realized that it wasn't worth the bad karma, and backed off.
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#4 |
I think this line's mostly filler.
Join Date: Jan 2003
Location: DC
Posts: 13,575
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Maybe she can be charged with a third degree demeanor for intending to create a public convenience.
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_________________ |...............| We live in the nick of times. | Len 17, Wid 3 | |_______________| [pics] |
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#5 |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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Radar thinks, like the woman thought, that the theatre itself is different than the parking lot. In actual fact most such retail situations have a single owner and the theatre is leasing the property, and so the law applies equally in both locations and the cops are well aware of the desires of the property owner. There is almost a blanket ban on solicitation in such places and it's even likely that the theatre, like most malls, has a "no soliciting" sign on their door.
In our township, 20 miles from where the incident occurred, the Regal Cinema is actually so tight with the local cops that every Friday and Saturday night there's one car on permanent patrol there. You can wager they are absolutely aware of the location's policies. |
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#6 | |
lobber of scimitars
Join Date: Jul 2001
Location: Phila Burbs
Posts: 20,774
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I haven't noticed visible police presence at Plymouth Meeting, though.
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#7 |
I can hear my ears
Join Date: Oct 2003
Posts: 25,571
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is handing out voter registration forms considered solicitation?
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#8 |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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(voter reg considered solicitation) It sure is.
I have been kicked off of several private properties for doing this sort of thing. Mostly collecting ballot signatures, which is lightly partisan, but the rent-a-cops and such treat you the same no matter what you're doing. You can sometimes convince a supermarket that you're doing a community service but the commercial property owners are extremely strict. |
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#9 |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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More than that HP... under Radar's interpretation, you'd need the actual property owner to confirm tresspassing. So the pizza guy could just step into your neighbor's yard and continue to harass at will, until the actual property owner is located, at which time the police could actually act.
In fact, if the neighbor's on vacation, the pizza guy could actually camp on the front lawn and the cops would be powerless. Lucky actual cops don't apply the law that way... nor would we want them to. I notice from watching the nightly news about Iraq that actual anarchy isn't as much fun as the bands writing songs about it. It seems to involve a lot of fear and people getting killed and not being about to go about your day. |
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#10 | |
I am meaty
Join Date: Dec 2001
Location: Salt Lake City, UT
Posts: 1,119
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#11 | ||||||
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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This woman did not violate anyone's rights, especially not property rights and anyone who claims she did is a liar. She exercised her rights and did not violate anyone else's rights. That is the essence of libertarianism. And for the example you used, let's say the pizza guy lives next door to you and he wants to stand on the edge of his yard and hand out voter registration forms to your guests who come close enough for him to hand them the form. You have no legal right to stop him.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#12 | |||||||
I am meaty
Join Date: Dec 2001
Location: Salt Lake City, UT
Posts: 1,119
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There is no parallel to the "don't pay him" qualifier. Now, if the woman had tried handing out the forms before the movie, and had then been allowed neither admittance nor refund, that might apply. But that isn't what happened. Your adjusted metaphor is useless in this discussion. Quote:
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#13 | |
stays crispy in milk
Join Date: Jan 2004
Location: A strange planet called Utah
Posts: 270
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Long post warning:
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The request was to please take a flyer. That falls under the very definition of soliciting someone. I used to volunteer for a group that had Canned Food Drives several times a year. We did it for the local food bank which then gave the food to poor and homeless members of the community. We always held them in front of a local grocery store. It was a win win situation. People would see us going into the store and buy cans specifically to donate on the way out. The grocery store made money off our food drive. We "had nothing to gain" by putting on the food drive. Yet EVERY SINGLE TIME we wanted to hold a drive we had to get permission from the store first. Sometimes they didn't give it to us, and we respected that choice and held it at a different store (getting permission from that store). Its private property (yes the sidewalk between the store and the parking lot belongs to the store), and we had to get permission. A grocery store that only profits from a food drive still has the right to tell a group no they cant hold one. So why doesn't the theater have a right to tell a woman no when she hands out flyer's without permission? Someone comes to my house and does something I don't like, I then ask them to leave. They leave my house but mill around my driveway for several more min. They haven't actually left yet. The driveway is still part of my property. The theater is the same, whether they lease or own the property they still have rights to the parking lot. If they own the property then there is no question that the parking lot is also theirs. Why would someone buy a theater and not the parking space in front of it? If they lease the property they also lease the right for their patrons to use the parking lot. That makes the parking lot every bit their property as if they were the direct owners. A manager of a store or business has the authority to act on the owners behalf. If I am a manager and I see some kid stealing merchandise I am not going to try and get the owner on the phone and ask if he wants me to let the kid steal the stuff or if he wants me to call the cops. A manager is hired to MANAGE things. That means he is in charge of dealing with anything that comes up and has the authority to act in the owners behalf. That means he has the right to call the cops and tell them someone has been asked to leave and is still milling around the property. Parking lot still equals property. Was the theater management over reacting on this matter? I think they might have been. Were they within their right to call the cops on her? Hell yes. Both her and the police say she was asked to leave and she refused. Her own words "For them to have stopped me from doing it seemed improper and that’s why I didn’t leave.". She says she didn't leave so she was trespassing. Thats what she should have been charges with but regardless she is not an innocent victim being oppressed by the mighty corporate movie theater. She is in the wrong as much as anyone else who played a part in the whole overreaction.
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#14 | |
The urban Jane Goodall
Join Date: Jan 2004
Location: Florida
Posts: 3,012
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What you're saying is that my right to not be harrassed by Jehovah's Witnesses, on my own property, is trumped by their right to express themselves?
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#15 |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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No, I haven't said that at all. I've said that if they came to your door, and asked to speak to you about their religion, and you said you didn't want to learn about it and could they please get off your property, then they asked if there were a better time for you, or whether you'd prefer visitors from a different religion, or if you would at least take a copy of their magazine, before they go, you're rights have not been violated. They have agreed to leave, but wanted to see if they could work something out first.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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