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It's not legal, it is trespassing. Deal with it. It's not your property. End of story comrade.
Since it was an open place of business, it's not trespassing unless they are asked to leave and refuse.
Otherwise, if I wanted to go in and see about opening an account with them....per YOUR definition I'd immediately be guilty of trespassing if they wanted to have me arrested.
I linked to the actual laws in laymans terms, it's pretty clear.
And those accounts were alllowed to be closed. The others weren't there for that and were rightfully asked to leave.
NO...they kicked out the women out with accounts and said they were calling the cops and that they would be arrested. The bank manager locked the doors behind them. The women who tried to close their accounts called the police THEMSELVES, and when the police arrived, asked what law they'd broken. The cops couldn't come up with one, and no one went to jail.
I cant believe you linked to that, and still dont know the difference between trespassing on a property, and NOT
You can smack your head all you want to, but I'd treat that melon with kid gloves if I were you. The damage has been done.
READ it. There is no mention of intent, anywhere. Only lawfully, and unlawfully. There is no such law that governs intent when it comes to entering a business open to the public, only lawful and unlawful conduct.
Otherwise, malls would be non-existent. Because half their traffic on the weekends is kids not buying a damn thing.
Your take on the trespass law is as far off as those you are arguing with. You can perfectly well enter a premises for any reason you like. There is no definition of a "legal" reason in such a context. I want to use the john...or get out of the heat...or check out the decor...
I would even think to protest and leaflet.
You would of course be required to leave when requested. But no trespass until that happened.
One could I suppose post a notice that says no protesting.
I'm not even close to far off and some of you need to re-examine your lack of legal knowledge before you continue to wonder around in cyberspace embarassing yourself.
Under New York law, essence of a trespass to real property is injury to the right of possession. Any unauthorized entry upon the land of another constitutes a trespass, without regard to the amount of force used, and even though no damage is done, since at least nominal damage is always presumed from a trespass on land. [/SIZE][/SIZE][SIZE=3][SIZE=3]Butler v. Ratner[/SIZE][/SIZE][SIZE=3][SIZE=3], 173 Misc. 2d 783, 785 (N.Y. Misc. 1997)[/SIZE]
[SIZE=3]Further, under New York law, a trespass may consist, not only in making an unauthorized entry upon private property, but in refusing to leave after permission to remain has been withdrawn. [/SIZE][/SIZE][SIZE=3][SIZE=3]Rager v. McCloskey[/SIZE][/SIZE][SIZE=3][SIZE=3], 305 N.Y. 75, 79 (N.Y. 1953).[/SIZE][/SIZE] [SIZE=3][SIZE=3][/SIZE][/SIZE] [/LEFT] [SIZE=3][SIZE=3][SIZE=3][SIZE=3][LEFT]Under New York law, intent is one of the material elements to the offense of civil trespass, accordingly, one of the defenses that a defendant may raise in the event of indictment, could be, that he entered the property in question under a bona fide claim of right, which he might have reasonably believed to be entitled for him to take possession. However, to sustain such a claim,[/LEFT][/SIZE] [SIZE=3]there must be some colorable ground. [/SIZE][/SIZE][SIZE=3][SIZE=3]See People v. Stevens[/SIZE][/SIZE][SIZE=3][SIZE=3], 109 N.Y. 159 (N.Y. 1888).[/SIZE][/SIZE] [SIZE=3][SIZE=3][SIZE=3][SIZE=3][LEFT]Under New York law, the element of intent distinguishes the offenses of civil and criminal trespass. It is the criminal mind and purpose going with the act that distinguishes criminal trespass from a mere civil injury. The intent to deprive or defraud the owner of his property or the use of it,[/LEFT][/SIZE] [SIZE=3]is the basic element that constitutes Criminal trespass. [/SIZE]
You can smack your head all you want to, but I'd treat that melon with kid gloves if I were you. The damage has been done.
READ it. There is no mention of intent, anywhere. Only lawfully, and unlawfully. There is no such law that governs intent when it comes to entering a business open to the public, only lawful and unlawful conduct.
Otherwise, malls would be non-existent. Because half their traffic on the weekends is kids not buying a damn thing.
You arent allowed to walk into a mall and protest either. Where on gods earth did you get your education to believe otherwise? Malls are PRIVATE property. Banks are PRIVATE property. Smacking my head is the least I can do because clearly your head has been smacked far too many times.
Tell me you are about 15 years old, and thats why you dont comprehend the difference intent?
Read my posting right before this for a legal analysis on the law from someone who CLEARLY knows more than YOU on the subject.
I'm not even close to far off and some of you need to re-examine your lack of legal knowledge before you continue to wonder around in cyberspace embarassing yourself.
[SIZE=3][SIZE=3][LEFT]Under New York law, essence of a trespass to real property is injury to the right of possession. Any unauthorized entry upon the land of another constitutes a trespass, without regard to the amount of force used, and even though no damage is done, since at least nominal damage is always presumed from a trespass on land. [/SIZE][/SIZE][SIZE=3][SIZE=3]Butler v. Ratner[/SIZE][/SIZE][SIZE=3][SIZE=3], 173 Misc. 2d 783, 785 (N.Y. Misc. 1997) Further, under New York law, a trespass may consist, not only in making an unauthorized entry upon private property, but in refusing to leave after permission to remain has been withdrawn. [/SIZE][/SIZE][SIZE=3][SIZE=3]Rager v. McCloskey[/SIZE][/SIZE][SIZE=3][SIZE=3], 305 N.Y. 75, 79 (N.Y. 1953).[/SIZE][/SIZE] [SIZE=3][SIZE=3][/SIZE][/SIZE] [/LEFT] [SIZE=3][SIZE=3][SIZE=3][SIZE=3][LEFT]Under New York law, intent is one of the material elements to the offense of civil trespass, accordingly, one of the defenses that a defendant may raise in the event of indictment, could be, that he entered the property in question under a bona fide claim of right, which he might have reasonably believed to be entitled for him to take possession. However, to sustain such a claim,[/LEFT]
there must be some colorable ground. [/SIZE][/SIZE][SIZE=3][SIZE=3]See People v. Stevens[/SIZE][/SIZE][SIZE=3][SIZE=3], 109 N.Y. 159 (N.Y. 1888).[/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3][SIZE=3][SIZE=3][LEFT]Under New York law, the element of intent distinguishes the offenses of civil and criminal trespass. It is the criminal mind and purpose going with the act that distinguishes criminal trespass from a mere civil injury. The intent to deprive or defraud the owner of his property or the use of it,[/LEFT] is the basic element that constitutes Criminal trespass.
You arent allowed to walk into a mall and protest either. Where on gods earth did you get your education to believe otherwise? Malls are PRIVATE property. Banks are PRIVATE property. Smacking my head is the least I can do because clearly your head has been smacked far too many times.
Tell me you are about 15 years old, and thats why you dont comprehend the difference intent?
Read my posting right before this for a legal analysis on the law from someone who CLEARLY knows more than YOU on the subject.
Unless it's posted, private businesses open to the public are subject to the sames laws on the sidewalk. My local mall posts "no picture taking". So you can't do it. If I did take a picture, they can't confiscate the camera or anything. All they can do is say "we don't allow pictures in here" and I have to stop. If I don't stop, all they can do is ask me to leave. If I don't leave, THEN it becomes criminal trespass.
Really, call a cop before you end up in jail. Your knowledge of the laws that govern you is lacking to the point where it might get you into trouble someday.
Unless it's posted, private businesses open to the public are subject to the sames laws on the sidewalk. My local mall posts "no picture taking". So you can't do it. If I did take a picture, they can't confiscate the camera or anything. All they can do is say "we don't allow pictures in here" and I have to stop. If I don't stop, all they can do is ask me to leave. If I don't leave, THEN it becomes criminal trespass.
Really, call a cop before you end up in jail. Your knowledge of the laws that govern you is lacking to the point where it might get you into trouble someday.
Public laws don't apply inside a private business.
Public laws don't apply inside a private business.
lmao.......... I'm done with this thread. This flagrant wasting of my personal time, while not illegal, duh huh, certainly has to be a crime in some circles.
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