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]
Brainstormy
(2,380 posts)flamin lib
(14,559 posts)in this thread:http://www.democraticunderground.com/126211485
Best sentiment yet!
calimary
(81,304 posts)Love it!!!
brer cat
(24,574 posts)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.
Kingofalldems
(38,458 posts)Skittles
(153,169 posts)stop catering to gun humping cowards
onehandle
(51,122 posts)They are terroristic threats.
calimary
(81,304 posts)friendly_iconoclast
(15,333 posts)not fooled
(5,801 posts)Pistils not pistols.
enid602
(8,620 posts)Personally, I feel that the odd gunfight can ruin a day at the botanical garden.
cstanleytech
(26,293 posts)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)If you rent an apartment, the owner can't tell you that you must allow people with basketballs to enter.
cstanleytech
(26,293 posts)CottonBear
(21,596 posts)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.
ThoughtCriminal
(14,047 posts)What if somebody is afraid of bees? They can't shoot it if they think they might get stung?
whistler162
(11,155 posts)IcyPeas
(21,884 posts)I just love the Earth Goddess. how beautiful!!
Politicub
(12,165 posts)Actually, it's wonderful seeing the Earth Goddess every time.
Phil1979
(1 post)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.
DesertRat
(27,995 posts)Are you Phillip Evans?