DocWalker
Regular Member
The worst part about this is the cop and event organizer will be embolded by their stupidity and will be more forceful next time. I smell a lawsuit.
Like the OP said, he was open carrying at a special event. They had a permit. They usually means they can place restrictions on who can be there.
To all of those who quoted me,
If city sidewalks can never become controlled access sidewalks, I'm guessing I could just go set up my grill and walk around with my gun in the middle of the BolderBoulder right? After all, it's on public property so that means I can do whatever I want...
Are you saying the PERMIT gives them the authority to discriminate randomly against people attending the event?
No people with tattoos, no people with black shirts, no people in wheel chairs, no people over 6ft tall.
and definitely no people OPEN CARRYING A HAND GUN.
Clearly a Civil Rights Violation against the event sponsor and a good case for constitutional rights violations against the CSPD.
MY .02
Best regards.
CCJ
Deserteagle said:They had a permit. They usually means they can place restrictions on who can be there.
It's not just a good idea, it's the rule around here.papa bear said:if you can cite a specific law, please put your reputation where your mouth is, Cite the law
If you do not agree with any of these Rules then please do not use this site, because BY USING THIS SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE RULES.
...
(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
Advice?
like i said before D.E., in a public property with open excess, you can not disregard the law. RUSHCREEK had a good post on this subject
if you can cite a specific law, please put your reputation where your mouth is, Cite the law
i have no idea weather you could or not. you haven't cited the law yet. do you have a cite? without the cite we can not know which way the law falls. there should be one.
File a grievance with Internal Affairs. That's why they exist. They'll investigate what happened in light of your actions, the actions of the organizer, the actions of the police officers (both the one on site as well as at the Division), and finally, they'll do it all in light of the applicable law.
If you don't like their decision, write the DA and ask him to explain his response, in detail.
If you don't like his decision, hire a lawyer and file suit against the city.
A word of advice, though - while local law enforcement doesn't always get it right, the integrity level is fairly high. So, if you pursue things through IA and the DA, and they both agree you're up a creek, then start petitioning City Council.
I don't know how they feel about things, but yesterday the El Paso County board of commissioners voted unanimously to support the efforts of Sheriff Maketa and the other 54 of 64 Colorado Sheriffs who're filing suit against the state for passing such ridiculously anti-Constitutional legislation. Typically, however, county folk are more supportive of our Constitution while city folk tend to be sell-outs.
You might discuss/propose the City Council change any laws which infringe upon your right to engage in lawful behavior on the city sidewalks and streets which your tax dollars built and maintain. Argue that a permit authorizes a business to conduct business on city property. It doesn't not revoke your right to be on that property, nor does it make the permit-holder the de-facto owner of the property. As a law-abiding citizen, you have the same right to be there as any other law-abiding citizen.
I'll write my city council person and ask them what they think about this. If several others here in the Springs do likewise, it may be enough for the City Council to say, "Hey, you're right! That's just not right."
Let me know how things go...
Links:
Colorado Springs City Council - There's also a link for you to find your district. E-mail and snail mail addresses are there, too.
ETA: My search turned up one applicable City Ordinance: "3.2.409: Unlawful Acts: C. It shall be unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a permitted special event." This seems to indicate both the actions of both the Event Manager and the Police Officers were themselves unlawful.
If you'd like to dig through Colorado Spring's City Code, be my guest! Link.
Why dont you cite the law? Find me the law that backs up your points. Put your money where your mouth is and cite some law
D.E. since you are a newbie and /or don't realize what you are doing. for your reputation, you are the one that declared it the law. an old idea, but the laws do not tell you what is legal but what is illegal.
so do you have a cite, or are you just making stuff up as you go along?