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 Post subject: Council to Vote on New Trespass Law
PostPosted: Mon Oct 26, 2015 10:01 am 
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Tomorrow (October 27th, 2015), the San Diego City Council will vote on an amendment to the City's Trespassing Ordinance. Since 1977 the trespassing ordinance has contained an exception that always allowed:

      "peaceful picketing directed toward the business establishment"
      "peaceful political activities"

The new ordinance removes those provisions. Here's the title which describes the municipal code section being amended: I've also attached the PDF file containing the proposed changes below.

Quote:
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 2,
DIVISION 00 OF THE SAN DIEGO MUNICIPAL CODE BY
AMENDING SECTION 52.80.01 RELATING TO TRESPASS
AND EXCEPTIONS THERETO.


Attachments:
Ordinance_Strikeout_2016-18_86413610262015090510962.PDF [220.55 KiB]
Downloaded 224 times

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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Mon Oct 26, 2015 10:12 am 
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It seems to focus on the picketing ON THE BUSINESS PROPERTY.
Picketing just OUTSIDE the property seems not to be the target of the change.

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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Mon Oct 26, 2015 2:47 pm 
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Here's the California State Statute (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=840-848):

Quote:
602.1. (a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner's agent, or by a peace officer acting at the request of the owner or owner's agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(d) Nothing in this section shall be deemed to supersede the application of any other law.


The state law is very clear that there has to be intentional interference, obstruction, intimidation.

The San Diego ordinance doesn't have those elements but makes exceptions for protesting a business and political speech. Those exceptions are what they're removing.

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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Tue Oct 27, 2015 8:54 am 
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"the premises"

If San Diego approves the strike outs, will one still be able
outside the premises be able to picket peacefully a business?
Seems as though such off-premises political action is protected
by federal rights.
UNFAIR TREATMENT OF SPORTS! INEQUITABLE FEES!
INSUFFICIENT EXPOSURE OF THE FATALITIES OF PG !
UNJUST GRAB OF FEDERAL AIRSPACE!
FALSE GRAB OF "CONTROL" OVER UNCONTROLLED AIRSPACE!

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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Tue Oct 27, 2015 8:17 pm 
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The San Diego City Council approved the language as it was. I suspect it was predetermined, and that's part of a bigger problem in San Diego.

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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Tue Oct 27, 2015 8:50 pm 
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Location: Reseda California
This is likely about Sea World as protests are growing but the SD city councile cannot stop social media.
http://www.chicagotribune.com/entertain ... video.html

http://www.thestreet.com/story/13318532 ... g-ban.html

http://www.usatoday.com/story/life/peop ... /73537582/

http://www.malibutimes.com/blogs/youtub ... c3b8e.html

http://www.peta.org/features/bob-barker ... -seaworld/

http://www.billboard.com/articles/colum ... orld-video

I will likely release a forum attack on Halloween with more information.


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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Thu Oct 29, 2015 3:22 pm 
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Now let's hear Bob telling the San Diego City Council why the new trespassing law is not necessary.





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 Post subject: Re: Council to Vote on New Trespass Law
PostPosted: Thu Oct 29, 2015 5:41 pm 
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