Legal Brainstorming on Leased Public Property

Discussion in 'GA Laws and Politics' started by gunsmoker, Apr 10, 2019.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Background:
    In the Wings Over North Georgia (WONG) airshow case in Floyd County, Rome, a Superior Court Judge ruled against GeorgiaCarry.org in a lawsuit that alleged that the government had no power to ban guns at the air show because it was held on public property.

    The judge said it doesn't matter because the wings over north Georgia airshow (WONG) was a private business venture that leased the property for a weekend. So they could make any rule they want against guns, and the sheriffs office could legally enforce those rules.


    AND IN THE ATLANTA BOTANICAL GARDENS case, The judges of Georgia's Court of Appeals ruled that because the botanical gardens is a private corporation that has a long-term lease of some of the city of Atlanta's land, it shall be treated as private property not public property. Therefore the Gardens can make the no-guns rule and law-enforcement officers can help carry it into effect.


    WITH ALL THAT IN MIND, how can we in the gun rights community stop this from spreading like wildfire, with leftist-leaning cities and counties all across Georgia "leasing" their public facilities to purportedly private corporations which will then make an anti-gun policy and apply it to that facility? On what legal basis csn we challenge that?

    HOW ABOUT THIS WAY: We argue cities and counties have no power to lease public facilities to private business interests absent a specific grant of authority from the state legislature itself. Cities and counties are obligated to hold onto their lands and use them for public benefit, not turn them over for a private business concern to run for its own benefit.


    Caselaw on this:

    Quote: In the absence of charter authority to the contrary,” the court said, “the maintenance of a park by a municipality is a governmental function.”

    ...the court found the city had no power to lease property performing a governmental function to a private operator. Acts taken by a municipality without the required legislative authority are termed ultra vires and hence void.


    CASE: Jonesboro Area Athletic Association v. Dickson,
    227 Ga. 513, 181 S.E. 2nd 852 (1971) (the city entered into a five-year lease with s private nonprofit.)

    Discussed in this law article:
    http://cehdclass.gmu.edu/jkozlows/lawarts/05MAY82a.pdf
     
    Phil1979 likes this.
  2. Phil1979

    Phil1979 Member Georgia Carry

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    Under current law, could Atlanta be sued for it's 50 year lease of part of Piedmont Park to Atlanta Botanical Garden?
     

  3. Phil1979

    Phil1979 Member Georgia Carry

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    How about ALL public parks in the state fall under state authority?
     
  4. 45_Fan

    45_Fan Well-Known Member

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    Let’s start with the obvious. Can a private entity rent public property for a public event and then openly discriminate on the basis of race, gender, or religion?

    And to be clear, we’re talking private entity renting public space for public access/event not a restricted or private event as say a wedding or local chapter meeting?
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Is carrying a gun like race, sex (gender???), or religion?
     
  6. Wegahe

    Wegahe NRA Instructor

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    No carrying a gun is free persons duty and obligation. The others are Democrat twisted talking points.
     
  7. a_springfield

    a_springfield Well-Known Member

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    How about we rent piedmont park and require open carry.
     
  8. Craftsman

    Craftsman Well-Known Member

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    Simply include language in the preemption definition that leasing public property to public or private entities cannot confer the right to exclude lawful firearms carriers as the lessors do not have this right to begin with. Let the courts try and weasel out of that one.
     
    phantoms likes this.
  9. Clark

    Clark Well-Known Member

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    They wouldn't have to weasel, they'd just say it didn't matter. With the jokes on the Georgia "supreme" "court" running things, I frequently wonder why we even have a legislature.
     
  10. 45_Fan

    45_Fan Well-Known Member

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    I want to make sure I understand the basis for where we’re going first. If there are still 1A and 4A protections on public property rented to a private entity which remains open to the public that’s a different starting point than if there aren’t.
     
    moe mensale likes this.