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Can I get a "no trespass" for this?

Discussion in 'Legal' started by megatronrules, Aug 7, 2004.

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  1. megatronrules

    megatronrules Member

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    I was hanging at a local convienance store were a couple of friends of mine work tonight I was the for about 2 hours we were just b.s.'in and stuff. Anyways when the 3rd shift people come in there the first of which for some god knows what reason don't like me says if she comes in there again and sees me there shes gonna call the cops and have them give me a no trespass order. Now I'am saying to myself how do you tespass in a public place where you spend money everyday? Now yeah its true I go there alot but thats because it right near my house and my friends work there but i've never heard of a no trespass before nor have i ever been asked by anyone there to leave. My question is guys in florida is what Iam doing considered loiterring? theres no sign that says anything to this effect and I may be wrong here but since when is it illegel to stand in a public place,buy things there and talk to a friend?

    Now I go there almost every day on my way to and from work to gas up and get things and yes I hang out the when my friends are working,but even if I did so everyday I don't see the illegality in any of what I'am doing. To me this is nothing more than some girl who hates her life and is miserable and wants to just find something to complain about. Now mind you i've never been rude or anything to this girl not once but I've told her politly but firmly that I'd shop wherever I pleased.
     
  2. Zundfolge

    Zundfolge Member

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    If you're there at the behest of the employees you are not trespassing or loitering (now if you have to press the issue you might get your buddies in trouble with their boss).
     
  3. 2nd Amendment

    2nd Amendment member

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    Was the person who told you to leave managment or an owner? If so then you've just been given official notice. If not then you just heard the wind blow. I *might* make a point of not going there while carrying, though. She might be able to make an issue of that regardless of her official capacity. I'd also point out that you might be endangering your friends jobs, again regardless of her capacity, simply because of the assumed distraction you represent.
     
  4. megatronrules

    megatronrules Member

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    No shes not managment or owner just an employee but me being the peaceful person I am just took my stuff and left rather than argue with her. I to thought about if she decides to be a jerk call the cops that I have my gun one me whats it look like you know? I just felt it easier to leave.
     
  5. 2nd Amendment

    2nd Amendment member

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    Ask your friends to ask the boss if he/she has a problem with your presence. if not then you really have nothing to worry about. An employee only has so much authority in representing a business and none at all if she in direct opposition to what the boss/owner has said. That being said I would leave the pea-shooter at home regardless(again, unless the boss/owner OK's that, too...).
     
  6. Wildalaska

    Wildalaska member

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    I would think that one would have far better things to do with ones time than "hanging" and "b.s.'in and stuff" for hours at a business where the public goes....

    Ifin you were doing this at my place I would fire your friend.

    May I suggest going home and reading a book? I can give you a reading list that would be far more benificial to you in your life than just "hanging"

    WildsuperciliousagainAlaska
     
  7. 2nd Amendment

    2nd Amendment member

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    If we're talking about a convenience store or gas station(or even a liquor store) here some employers actually encourage a friend or two to hang around on evening and nite shifts. The idea being a "busy" place is less likely to be robbed. I don't know if it actually *works* but such is the theory. Now if this is production work or a grocery store or something I'd have to agree with Wild.
     
  8. carpettbaggerr

    carpettbaggerr Member

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    Write a nice letter to the owner. Include copies of your receipts. Maybe she'll get fired, and learn to really love life.
     
  9. joab

    joab Member

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    The main problem is that you were not on public property you were on private property that the public has access to with the owners permission.
    If you were hangin out for 2 hours at a convienence store I doubt you were spending money for 2 hours, stores are generally not set up to operate that way
    If the shift manager feels that you are impedeing the other employees work she has the right to no trespass you. If she feels that for whatever reason you are an undesirable element she can trespass you
    You have the right to take them to court to prove thatthey discriminated against you for whatever reason but you still have to obey the no trespass order
     
  10. 2nd Amendment

    2nd Amendment member

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    As was noted, this wasn't a manager.
     
  11. megatronrules

    megatronrules Member

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    Actually wild I do have better things to do I was simply viisting on a slow night and to answer another poster here its a gas station and they ask me to hang around sometimes because of working late. I've juat decided to go somewhere else for a while rather the hear her moaning and complaining as for my friend I'll visit at thair house from now on thanks all for your replies.
     
  12. carpettbaggerr

    carpettbaggerr Member

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    How often is Spiff in your shop again? :scrutiny:
     
  13. joab

    joab Member

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    As was noted, this reportedly wasn't a manager.
    I doubt that a mere employee would make the threat in front of a manager.
    Evert shift has 1 person in charge. Many people do not realize that one 7-11 has several managers not just a manager and assistant manager but also a shift manager for each shift.
     
  14. 2nd Amendment

    2nd Amendment member

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    *Scratches head*

    He did not indicate any manager was present. Many convenience stores and gas stations have no manager present at all on 3rd shift(and only part of 2nd).

    As for things employees will say, even when a manager is present...have you ever been an owner or manager? :) Personally I have been oft amazed.
     
  15. joab

    joab Member

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    Not true of any store that I have serviced, and I have serviced many. If there is no manager present as you say, the person at the store at the time has authority to have the police issue a no trespass becuse they are the default manager.
    I serviced 7-11s for 7 years they all have shift managers for every shift
    I serviced many small gas stations for over 20 years the person on duty on a single person shift has control of the store.
     
  16. 2nd Amendment

    2nd Amendment member

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    OK. we're getting into technicalities now. First off, there's not a 24/7 station in this area with more than one person on-shift. While I am sure they have "authority" on their shift they aren't going to be able to come in and say anything about a previous shift. Also, meg noted this person was not management, that there were multiple people on the shift but said nothing whatsoever about any manager being present. Thus apparently nothing was said in front of a manager if a manager was present, which is why I said he needed to have his friend inquire about policy on the subject.
     
  17. Stand_Watie

    Stand_Watie Member

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    So who's in charge of the store? When the police show up, that's what they're going to ask if FLA tresspass law is similar to Texas or Michigan law.

    Megatron, I'll bow to those who live in Florida, but I don't think you have anything to worry about, so long as you leave anytime you are asked to leave by an employee.
     
  18. joab

    joab Member

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    In Fla you must leave if asked if you are there when the police show up you will be no trespssed.
    The person in control of the store is in charge of the store and can have a no trespass issued without calling for approval. I seen it done many times.

    2A I know you like to split frog hairs and argue, I don't. I have told you what I know to be common practice based on over 20 years experience dealing with this type of business in the state in question.
    Believe me if you want or don't I don't particularly care.
     
  19. Stand_Watie

    Stand_Watie Member

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    Yes, that was my question. Who is in control of the store?
     
  20. joab

    joab Member

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    If you go to a store and ask the first employee to speak to the person in charge and he says that he is the only one there. He is in charge
    If he says hold on let me get my manager from the back room, the person he produces is in charge

    The person who has physical control of the store is in charge. If that is a single employee then he is in charge. I have never seen it done any other way.

    Except for the fact that in most central Fla jurisdictions it is mandated that after 10:00 there must be at least 2 employees on duty if there is not a bullet proof divider between the employee and the public. In which case there would be a shift manager who would be in charge of the store. Unless and until they had the audacity to wake the store manager up in the middle of the night to get permission to issue a no trespass warning.
     
  21. 2nd Amendment

    2nd Amendment member

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    Interesting, joab, since I was about to tell you that it appeared to me you simply were looking to argue since you did not appear to have read what he, or I, actually said but I just didn't care enough about the topic to bother. So by all means, you win. :rolleyes:
     
  22. Stand_Watie

    Stand_Watie Member

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    I realize that. The question I was asking was which of the two employees cited in the original post was in charge of the store at the time of the incident.
     
  23. 2nd Amendment

    2nd Amendment member

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    Also why I asked if this specific person was management. Also why I suggested getting a decision from management thus removing any vagaries caused by questions of who is in charge and when. Seems like there are two entirely separate discussions going on here.
     
  24. joab

    joab Member

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    My bad, got caught up in a pointless discussion with someone else and put it off on you.

    The question as I understood it was could the poster be no trespassed for the behavior described. The answer is yes. I do not necessarily believe that the person who complained was not a manager , she may very well be and this is not known by the poster because he is a visitor not an employee.

    The poster also made the comment that they did not think they could because they were on public property, which also is not the case. They are on private property and loitering is whatever the store wants to call loitering.
     
  25. Stand_Watie

    Stand_Watie Member

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    No problem. Yes, I agree with you (again under my understanding of tresspass law in other states) - a person could be given a no trespass citation just because the person in charge of the property doesn't like them or for any other reason short of civil rights protected issues, provided the police had -

    A) A complaining party who was actually in charge of the store, and not some idiot who came by on their own time to try and make trouble

    B) A tresspasser who was actually foolish enough to wait around for the police to show up after being told to leave.
     
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