General Discussion
In reply to the discussion: The Starbucks thing... [View all]Lee-Lee
(6,324 posts)This will vary slightly from state to state, but is pretty much the same.
Property owner or their responsible representative (like a store manager) determines they dont want someone in a property. Could be for any of a number of reasons- they are shoplifting, causing a disturbance, using facilities without buying anything. Cases Ive worked have been people drunk in bars causing a disturbance, or people in a restaurant sexually harassing the waitress, an irate customer at a tire shop, people fishing on a pond, etc. Most cases were known shoplifters that business owners didnt want around. Doesnt matter what the reason is from the law enforcement perspective.
They ask person to leave. Person doesnt. Police are called. Or maybe they want the police to make the first approach.
Police arrive. There are only two relevant facts at this point for the police to investigate- is the person asking them to be removed a person with authority to to do (property owner, leasee, or business manager with the proper legal authority over the property at that moment) and who are the people they want removed.
It doesnt matter if the reason they want them removed is entirely correct or 100% bullshit and racist. Legally they must remove them. They will formally tell the person or persons they are being formally trespassed and are no longer allowed on the property from that point on.
If after being formally told they are not welcome on the property by police or some certified means like a certified letter from a lawyer (called being formally trespassed in NC) the person leaves then there is no violation law, unless they return.
If they person or persons then still refuse to leave then that becomes criminal trespassing, and at they point they will have to use force to effect the removal.
Now once it is done if the reason was bullshit and racially discriminatory then the people removed have full reason and right to pursue legal action against the property owners/business.
But the cops cant check motivations or tell a property owner we think your racist so we wont enforce the law this time. If the property owner was right or wrong to call is a matter for the courtroom.
If you have been trespassed from a property even for racist reasons its still a violation of law for you to refuse to leave. You will have a great case in civil court for discrimination, but that doesnt change the criminal law in play.