Author Topic: YMCA on City Property  (Read 2175 times)

jg9796

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YMCA on City Property
« on: October 08, 2015, 06:44:16 PM »
Can a YMCA, which is leasing property from a city,  post 3006 signs?   Also, is that sign sufficient to stop a person with a CHL from openly carrying on the YMCA?

Thanks
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: YMCA on City Property
« Reply #1 on: October 13, 2015, 08:48:42 AM »
The law says 'owned or leased by a government entity'.  I'd say the YMCA will have to take their sign down or the city will be facing $10,000 /day fines. :)
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: YMCA on City Property
« Reply #2 on: November 02, 2015, 04:07:36 PM »
jg9796,

First, it is important to note that CHL holders are not permitted to open carry until January 1, 2016.
As to the effectiveness of the signs, Texas Penal Code section 30.06(e) prohibits 30.06 signs posted on “property…owned or leased by a governmental entity” which is not listed in Penal Code sections 46.03 and 46.035. YMCA’s are not listed as prohibited places under those sections of the law, so theoretically this sign should be invalid. However, unfortunately, this is a gray area in the law. The YMCA still has rights as a private property owner (even though they are, technically, lessee’s) and are allowed to manage how business is conducted on the property they are leasing. So, the question essentially becomes, who wins out? The individual’s rights to restrict entrance to his property, or the prohibition against certain government actions?

Unfortunately we don’t have an answer just yet, but it is being reviewed by the attorney general, so hopefully we will have an answer soon. Ultimately, we would advise to err on the side of caution and presume that the sign is effective until we have an attorney general’s opinion to prove it one way or another. We will most likely send out some notification or newsletter as soon as the attorney general renders his decision. 
« Last Edit: November 03, 2015, 05:04:06 PM by TexasLawShield »

RevRudd

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Re: YMCA on City Property
« Reply #3 on: November 04, 2015, 04:57:22 PM »
Just a guess, and maybe a prediction, that the law will be amended to say something like "property...occupied and controlled by a government entity...." Now that I've typed it out, it sure sound martial.

willydog

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Re: YMCA on City Property
« Reply #4 on: November 09, 2015, 01:32:14 PM »
Tag on this. I'm in the same boat. We lease city property and while we don't care about concealed carry, we definitely don't want open carry on our premises.