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Judi Lynn

(160,542 posts)
Fri Sep 2, 2016, 06:13 PM Sep 2016

Georgia judge rules no guns in Atlanta's flower garden

Source: Associated Press

Georgia judge rules no guns in Atlanta's flower garden

Updated 4:29 pm, Friday, September 2, 2016

ATLANTA (AP) — A Georgia judge says no guns in the garden.

Fulton County Judge Gail Tusan has ruled that the Atlanta Botanical Garden has the right to bar its visitors from bringing in firearms, even though the garden operates on public property.

News outlets report Tusan ruled Thursday that despite the public ownership of the land, the botanical garden is a private entity and may lawfully prohibit guns.

Court records show Phillip Evans, a gun rights group member with a state firearms license, was escorted out of the garden in 2014 for wearing a handgun in a waistband holster. His attorney argued the garden leases land from the city of Atlanta and cannot keep properly licensed people from carrying weapons there.'

Read more: http://www.chron.com/news/us/article/Judge-rules-Atlanta-Botanical-Garden-can-ban-guns-9199440.php



[center]


The “Earth Goddess” mosaiculture plant installation, Atlanta Botanical Gardens June 7, 2013.

(Maybe he was skeert of that big green critter.) [/center]
22 replies = new reply since forum marked as read
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Georgia judge rules no guns in Atlanta's flower garden (Original Post) Judi Lynn Sep 2016 OP
YES!!!!!!!!!!!! n/t Brainstormy Sep 2016 #1
As Justhanginon said: flamin lib Sep 2016 #2
OMG! That's Fan-Fucking-Tastic!!! calimary Sep 2016 #8
Good for them! brer cat Sep 2016 #3
Look out! Here they come. Kingofalldems Sep 2016 #4
excellent Skittles Sep 2016 #5
If you see a non-LEO with a gun in a non-appropriate place, scream bloody murder. onehandle Sep 2016 #6
They're a public menace. calimary Sep 2016 #9
"(S)cream bloody murder"? I found an instructional video that demonstrates how: friendly_iconoclast Sep 2016 #14
Hahaha sanity prevails not fooled Sep 2016 #7
guns enid602 Sep 2016 #10
I am confused though on how the garden can ban something on public land that's legal. cstanleytech Sep 2016 #11
A leaseholder's rights generally supercede the owner's rights. onehandle Sep 2016 #12
Ohh so they are leasing the land? That explains it, thanks. cstanleytech Sep 2016 #13
The Atlanta Botanical Garden is a private garden CottonBear Sep 2016 #15
But, but... ThoughtCriminal Sep 2016 #16
Guess no one will be pushing up daisies! whistler162 Sep 2016 #17
good. and I must say... IcyPeas Sep 2016 #18
It's very striking when you turn the corner and see her for the first time! Politicub Oct 2019 #20
Georgia Supreme Court Ruling Phil1979 Oct 2019 #19
Hi, welcome to DU DesertRat Oct 2019 #21
welcome to DU gopiscrap Oct 2019 #22

brer cat

(24,574 posts)
3. Good for them!
Fri Sep 2, 2016, 06:51 PM
Sep 2016

I had an incident in our antique mall this week when I told a man open carrying that we didn't allow guns, and to please leave it in his vehicle if he wanted to shop. He was not happy but he did leave without making a scene. I am glad that Judge Tusan supported the Botanical Garden.

onehandle

(51,122 posts)
6. If you see a non-LEO with a gun in a non-appropriate place, scream bloody murder.
Fri Sep 2, 2016, 07:56 PM
Sep 2016

They are terroristic threats.



cstanleytech

(26,293 posts)
11. I am confused though on how the garden can ban something on public land that's legal.
Fri Sep 2, 2016, 09:53 PM
Sep 2016

Mind you I dont think people carrying guns other than police who are on duty is a smart idea either but still its public land so this ruling is a bit confusing to me.

onehandle

(51,122 posts)
12. A leaseholder's rights generally supercede the owner's rights.
Fri Sep 2, 2016, 10:01 PM
Sep 2016

If you rent an apartment, the owner can't tell you that you must allow people with basketballs to enter.

CottonBear

(21,596 posts)
15. The Atlanta Botanical Garden is a private garden
Sat Sep 3, 2016, 08:15 AM
Sep 2016

A substantial entry fee is charged. The annual budget is over 34 million dollars.

In contrast, the State Botanical Garden of Georgia in Athens,GA is a public garden. No entry or parking fees are charged. The state only funds about 1.5 million of the annual operating costs. The SBG, the Board of Directors and the Friends of the State Botanical Garden (membership group) must raise all other funds to operate, maintain, support and improve the garden and its research and missions.

Since the SBG is part of The University of Georgia (Office of Public Service and Outreach), no weapons may be carried onto the 313 acre property as per Georgia law.

Politicub

(12,165 posts)
20. It's very striking when you turn the corner and see her for the first time!
Thu Oct 17, 2019, 12:00 PM
Oct 2019

Actually, it's wonderful seeing the Earth Goddess every time.

Phil1979

(1 post)
19. Georgia Supreme Court Ruling
Thu Oct 17, 2019, 11:40 AM
Oct 2019

Hello all,

So that you would have it directly from the source, there has been a ruling from Georgia's highest court on this matter.

On the overall issue, the Court ruled in my favor that public property leased by a private entity does not become "private property" unless the lease grants ownership rights. This is a major ruling since virtually all leases of public property in Georgia only grants a license to use the property, in other words, a "usufruct".

Regarding the Atlanta Botanical Garden specifically, the case now goes back to Fulton Superior Court to determine what kind of lease the Garden has. You can get a copy of the lease from the City of Atlanta. I have read it. To me, it reads more like a license to hold and use the property, but with so many restrictions and requirements in it, does not appear to grant ownership, or "estate for years" rights even though it is a long term 50 year lease.

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