Here is an excellent letter that was written to Cinemark Theaters and caused them to reevaluate their policies. With a little tweaking it makes the basis for a good "Why are you barring concealed carry letter" just about anywhere:
"While you are taking note of specification of the law, I would ask you to take the following factors into consideration before finalizing your decision. Carrying a concealed handgun onto private property is legal and authorized by the Texas Legislature so that Concealed Handgun License (CHL) holders may protect themselves from danger. If you prohibit CHL holders from carrying a handgun while on your business premises, you will be rendering useless a lawful act on the part of such persons. Additionally, you will render them unable to protect themselves when the legislature has provided a means for their own self protection.
Common sense indicates that you are assuming the risk of providing for the personal protection of such persons while on your property. An example of reasonable steps that you might take to provide for the personal protection of CHL holders who are disarmed while on your premises is to hire round the clock security guards to provide armed protection in your place of business and in the parking area.
It is reasonably foreseeable that posting signs indicating that CHL holders may not carry a handgun on or about their person while on your premises would indicate to the criminal element that the persons inside the theater are disarmed, and, thereby, make your business premises a target for violent criminal activity. Certainly, it would make it more of a target than a business that posts no sign at all, leaving the criminal element uncertain as to whether or not CHL holders are armed on the premises. This was the intent of the legislature, as the handgun is required to be concealed. The purpose of the statute is to create a tremendous deterrent effect throughout society in that the criminal element will not know who has chosen to exercise their lawful right of self-defense. By creating a zone where you advertise that patrons on your premises are not armed, you are holding yourself out to the public as a place where the public safety desires as expressed by the legislature are void and prohibited, and you give the criminal element a reason to believe that your premises are vulnerable to crime.
Recently, Taco Bell was assessed eight million dollars in damages for a violent assault that took place on its property for failing to protect the persons at the Taco Bell. The law is fairly clear on this subject in Texas. "Generally, an ordinary business owner or operator, as opposed to a proprietor of a restaurant, inn, or similar establishment, is under a duty to exercise reasonable care for the safety of his or her invitees. Garner v. McGinty, 771 S.W.2d 242, 246(Tex. Civ. App.--Austin 1989, no writ). "A business invitor owes a duty to his business invitees to take reasonable steps to protect them from intentional injuries caused by third parties if he knows or has reason to know, from what he has observed or from past experience, that criminal acts are likely to occur, either generally or at some particular time." Id. at 246: Castillo v. Sears, Roebuck & Co.,663 S.W.2d 60,66 (Tex.Civ.App.--San Antonio 1983, writ ref'd n.r.e.)("there is no duty upon the owner of operators of a shopping center...or upon merchants and shopkeepers generally, whose mode of operation of their premises does not attract or provide a climate for crime, to guard against criminal acts of a third party, unless they know...that acts are occurring or are about to occur on the premises that pose imminent probability of harm to an invitee: whereupon a duty of reasonable care to protect against such act arises.") Thus, a plaintiff in a case against an ordinary business owner or operator will have to demonstrate that the business owner or operator knew or had reason to know that criminal acts were likely to occur in order to establish that the business owner or operator had a duty to take reasonable steps to protect invitees from injuries caused by third parties. By contrast, the duty of a proprietor of a restaurant, inn, or similar establishment generally includes the duty to exercise reasonable care to protect patrons from assaults of third persons while on the premises. Eastep v. Jack-in-the-Box, Inc., 546 S.W.2d 116(Tex.Civ.App.--Houston{14th Dist.} 1977, writ ref'd n.r.e.)
The Attorney General's office of Texas has noted the following on this issue: "Once a duty to protect patrons from the intentional acts of third parties is established, whether a business owner or operator will be held liable for injuries to customers inflicted by third person appears to depend in great part upon the foreseeability of the assault and whether the business owner or operator took reasonable measures to prevent the assault."
In your previous form letter you state “In our fourteen year history, we have … only experienced a few criminal assaults upon customers.†From gathering data from police crime statistic reports, it seems this is untrue. According to the reports, it is a few criminal assaults per year per theater. When you do the math, that’s a lot more than “a few.†Why this is acceptable to you, I have no idea.
I personally will not patronize your business if it prohibits CHL holders from carrying their handguns concealed on their persons while on your premises for three reasons:
(1) You discriminate against individuals who merely take advantage of a lawful means of protecting themselves;
(2) You have created a place where there is a higher likelihood of criminal activity; and
(3) The absence of state certified and qualified citizens who lawfully carry a handgun means that I will be less safe than if I were in a similarly situated place of business that did not prohibit CHL holders from being personally armed on the premises;
If you persist in this policy, I will advise the members of my family and all of my friends not to patronize your place of business and we will take our business to a competitor. Even a small price increase for the same goods is worth the personal safety of myself, my friends, and my family in these troubled times.
Many businesses have considered putting up signs prohibiting otherwise lawfully carried handguns to be prohibited from the premises and have changed their policy to allowing CHL holders to be armed on the premises.
Moreover, I understand that the attorneys in Texas have concluded after a thoughtful and extensive review of all the factors involved that allowing CHL holders on the premises armed does not increase liability in any way as it is a legislatively authorized and protected activity. This is so because the individuals involved have had a background check, careful screening, state qualification and certification of knowledge of the penal code, safety procedures and have passed a handgun proficiency examination.
I hope that you will consider the above factors carefully, and in the end, come to the right decision and allow CHL holders to patronize your business while exercising their legislatively authorized right to their own self-protection. Alternatively if you choose to deny the legislatively granted right for people to protect themselves while on your premises, you have legally assumed the risk of providing for the safety of your patrons and have made a decision to ban lawful carrying of handguns on your business premises after understanding all of the factors involved.