Right on #2
I had just assumed that day cares and preschools were off-limits per 16-11-127.1, thinking that the legislature defined "School" broadly. But they didn't make it quite that broad. The definition of "school safety zone" applies to within 1000 feet of any "public or private elementary or secondary school." So I guess that means it has to actually be approved-of by the State as a school that can be used as a substitute for a public school, and the teaching has to be by certifed teachers, and the students being in at least kindergarden or higher grade.
Well, that's good news.
Of course the "public gathering" clause may or may not still apply-- no caselaw on point, and the statute itself is not clear, but there's clearly a gathering of people at such places. Whether it's a "public" gathering, as in, open to any member of the public who wants to stop by.... well it's not "public" in that respect, but I don't know that the law requires it to be.
I had just assumed that day cares and preschools were off-limits per 16-11-127.1, thinking that the legislature defined "School" broadly. But they didn't make it quite that broad. The definition of "school safety zone" applies to within 1000 feet of any "public or private elementary or secondary school." So I guess that means it has to actually be approved-of by the State as a school that can be used as a substitute for a public school, and the teaching has to be by certifed teachers, and the students being in at least kindergarden or higher grade.
Well, that's good news.
Of course the "public gathering" clause may or may not still apply-- no caselaw on point, and the statute itself is not clear, but there's clearly a gathering of people at such places. Whether it's a "public" gathering, as in, open to any member of the public who wants to stop by.... well it's not "public" in that respect, but I don't know that the law requires it to be.
