police officers denied service at BWW

And order some wings to go!

palerider116 said:

Interesting situation if BWW calls 911 for police response. They've been given notice of their trespassing with firearms.

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You know better than that PR!

§ 18.2-119. Trespass after having been forbidden to do so; penalties.
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing,

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Once that 911 call has been made and the Officer dispatched, he has the authority of law.

Peter,

I see your point on that...But...

It depends on who made the decision to ask the police officers to leave and who is making the call to summon them. If the general manager made the decision to ask them to leave, can a subordinate summon the police without the officers violating the superior's order?

There is legitimate doubt on the legality of the police responding and who can make the decision to invite them on premises.

Not disputing BWW's right to not serve them or have them on the premises. But how does one be sure he can execute his duties when summoned without running afoul of some other (if not higher) manager's decision.

If a patron calls for police, how would that work? BWW's right trumps a patron's right when the patron is using BWW premises.

I've got my concerns on this and how it would work out in official ways and not for matters of grazing.

Either way, if they don't want gun owners or police on their premises, it is their loss.

I'll spend my money elsewhere and there is better food to be had. And it's too noisy anyway.

Never been a big fan

Of Yard Bird or BWW.

Don't go to places that discriminate like this. Cops are no better than anyone else and don’t deserve special treatment.

They don't need my money!

palerider116 said:

Peter,

I see your point on that...But...

It depends on who made the decision to ask the police officers to leave and who is making the call to summon them. If the general manager made the decision to ask them to leave, can a subordinate summon the police without the officers violating the superior's order?

There is legitimate doubt on the legality of the police responding and who can make the decision to invite them on premises.

Not disputing BWW's right to not serve them or have them on the premises. But how does one be sure he can execute his duties when summoned without running afoul of some other (if not higher) manager's decision.

If a patron calls for police, how would that work? BWW's right trumps a patron's right when the patron is using BWW premises.

I've got my concerns on this and how it would work out in official ways and not for matters of grazing.

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It's an interesting question from a unique angle and I think it probably would settle out into two issues. The technical angle that you are looking at (would this be legal for me to respond to that address)...and probably the realistic angle of what are they going to do about it. I can't see many magistrates writing a trespassing warrant against a Police Officer for responding to a call.

It's a little like speeding without lights or siren. It's illegal, but done pretty much without consequences.

At any rate, I agree completely. Take the business elsewhere.

Grantfrom1968 said:

The cops...had badges...

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Oh, well, as long as they had those.

palerider116 said:

Interesting situation if BWW calls 911 for police response.

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Now why would anyone want to go and do a thing like that?

Well, if it was a "huge misunderstanding", then the anti-gun policy must not mean anything. If anyone can eat there while carrying, then everybody can eat there while carrying. How could they get a conviction for trespassing when a person has actual knowledge that the policy is not uniformly enforced.

Just thought of something that may trump the statute that says the power of private property owners to exclude people carrying guns is not affected. First, that only applies to the concealed carry statute, if I recall correctly (I'd have to look it up to be sure). But by common law, Virginia has something called, "the innkeeper rule"; an innkeeper (which now means both hotels/motels and restaurants) is required to serve anyone who comes in and can pay for services, in a uniform way. An ancient antidiscrimination statute designed to facilitate travel at a time when the ability to go twenty miles per day was a feat of strength.

I'm just not seeing it that way, Dan.

First off, public accommodation is protected pretty much based on class - as in refusing accommodation to specific enumerated classes is prohibited, but if you are not a member of that class you are SOL. Thus, an female African-American single lesbian parent of mixed Eskimo/Aleut, Pacific Islander, and Hispanic heritage, with six fingers on one hand and a proesthetic leg probably could not be denied a room. However, strap a handgun otherwise legally carried to her hip and deny her accommodation on that ground alone? Yup! Sure thing. No problemo. Because while the keeping and bearing of arms (at least within the confines of one's home - and extending the definition of "home" to include temporary lodgings) is recognized as a Constitutional right, it has not been declared a protected class, let alone has the right been extended beyond the four walls. (Patience - it may come soon to be.)

Second, the Model Innkeeper Law seems to provide a strongly possible "out":
From the Model Innkeeper Law

http://www.cga.ct.gov/2000/rpt/2000-R-0859.htm

4. the innkeeper reasonably believes is bringing in something that creates an unreasonable danger or risk to others, or

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http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1162&context=flr

Fairly exhaustive article about innkeeper rights & responsibilities under English Common Law - and not a mention about meals or what we now call restaurants. Virginia law is even worse as it onlt addresses two issues in relation to innkeepers:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-42.2 Liability of guest for hotel damage and http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+43-31 Lien of innkeepers, etc.

If you have got better than my 5-minute legal research brought up (and yes, I was trying to find stuff to back up what you assert, not counter it) I's sure be glad to see that I missed it.

stay safe.

If I have to jump through legal hoops to eat somewhere, or carry a code of Virginia book with me just to quote book, chapter, and verse to eat somewhere, forget it.

And if the PD was smart, their city attorney would figure out all the angles for lawful police presence.

I'm sure would-be robbers will see this article and realize that if LACs and police can't carry there, then neither can they.

DrMark said:

My father-in-law (RIP) used to say that about ribs.

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I figure as the world population keeps increasing the competition for protein foods, and food prices keep rising more and more, and obama care raises health ins prices, and on and on and on, we will be saying the same thing one day about chicken feet (paws)! We already have had them in traypacks in the grocery meat section for many years now.

Mark my words. . . . . .

Old Virginia Joe said:

I figure as the world population keeps increasing the competition for protein foods, and food prices keep rising more and more, and obama care raises health ins prices, and on and on and on, we will be saying the same thing one day about chicken feet (paws)! We already have had them in traypacks in the grocery meat section for many years now.

Mark my words. . . . . .

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Chicken is mad cheap. People will may more for less, that's all. It isn't due to a strain on the demand of high-protein foods.

One of the very few memories I have of my grandfather (he died when I was very young) was coming in from playing and everyone was being seated around the dinner table when my grandfather asked my grandmother what she had prepared.....

Grandpa: "Well, hon....what did you fix for us tonight?"
Grandma: "Liver."
Grandpa: (As he stands up, throws his napkin on his plate, and storms out) "Hmmmph. Too many decent cuts of meat on a cow to be eating the damned guts out of it."

The point is......

Their policy is NOT applied equally to all, their food is not worth a fight to eat there and I can think of many places worth spending my money at other that a "restaurant" that "specializes" in yard bird parts!

As my kids used to say when they were little, YUCH !!!!!!

Well,,,

Just so we all know.

This happened in a state that allows for the carry of guns.

This same kind of action happened in the commy state of Illinoise, where carry is restricted, at a Dennys a while back.
In both of these cases, the restaurant said , oh, we are sorry, we didnt mean it, the cops can come back.

I dont think anyone should go back!!!!

911 gets a call: MWAG @ Manassas BWW.

MWAG call goes out on the radio.

@ Manassas BWW: Eight cops' heads start swiveling around in circles like that Omen chick looking for that uppity citizen carrying a pistol in a BWW.

1245A Defender said:

Just so we all know.

This happened in a state that allows for the carry of guns.

This same kind of action happened in the commy state of Illinoise, where carry is restricted, at a Dennys a while back.
In both of these cases, the restaurant said , oh, we are sorry, we didnt mean it, the cops can come back.

I dont think anyone should go back!!!!

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Absolutely. I won't spend a penny at a place that makes that much ruckus over carrying a gun. BWW reserves that right; I reserve to give patronage elsewhere. And their food is hardly on the list of places that would make me sad if I couldn't eat there.

That would be true

If they served food. What they serve does not qualify!

scouser said:

personally my disgust of places like BWW goes deeper than their firearm policy. They don't even know what a wing consists of. Somehow they can magically get 4 wings from one bird. Sorry but that is BS, a wing consists of everything from the shoulder to the tip, it doesn't end at the elbow and then start again as a new wing. If I order 6 wings I expect 3 chickens to have died for my eating pleasure. I do not expect to be given 6 halves of wings.

So I say screw BWW and their magic chickens

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When I've had frogs legs I know one frog died for each pair of legs I got.