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Member Georgia Carry
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Discussion Starter · #1 ·
https://suwaneebeerfest.com/faq/

"Prohibited items include, but are not limited to: •Outside alcohol •Bottles •Cans •Outside food/beverages •All Weapons (i.e. knives, any weapons or firearms - Private property owners and persons in legal control of property through a lease, rental agreement, licensing agreement, contract or other agreement to control access to property have the right to forbid possession of a firearm on their property.)"

I do believe the event organizers misinterpret state law. Actually, they misquoted the law. They forgot to add the word "private" in front of "property" above.

Who would handle security there, the Sheriff or local PD?
 

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I wonder if they are willfully excluding the missing "private" or did they get bad legal advice based on the previous wording of the law? It seems like we are seeing lots of festivals in public parks that believe the above interpretation is correct even though the legislature specifically inserted private into the phrasing.

I assume since so many of these festivals are fleeting events, it might be hard to sue them, based on how long the Botanical Garden case as taken.
 

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Like a Boss
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One of the logos on the event sponsor page is for Pruitt Law. My best guess after some searching is that it's the law firm of a Carl Jeffrey Pruitt (https://www.gabar.org/MemberSearchDetail.cfm?ID=20036). The web site is "under construction" but he's located in nearby Buford and went to law school at Tennessee ( :puke: ), and the logo shape and color resemble the UT logo.

The site says he practices criminal law. Wonder if he has any interest in the issue?
 

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Member Georgia Carry
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Discussion Starter · #4 ·
Email sent to Atty. Pruitt.
 
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Super Moderator
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based on how long the Botanical Garden case as taken.
Oh, I do not know, we lost pretty quickly twice. :lol: It didn't take that long at all either time.

If you are referring to getting a ruling from the Georgia Court of Appeals on the merits of the issue, well, yes, that takes a while, and GCO is on a return trip to that court, but we should read a ruling on the issue from that court before this Suwanee Beer Fest is held.
 

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Lawyer and Gun Activist
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The real estate is .... what? Public or private?
Are the buildings classified differently than the outdoor space / park itself?
The Suwanee Beerfest website says the address of the event the Town Center facility:

The city's website describes Town Center as follows:

"... the award-winning Town Center project is a public-private partnership that envelopes more than 63 acres, including a 40-acre privately developed traditional neighborhood (Shadowbrook at Town Center). Town Center will encompass more than 100,000 square feet of retail space, 87,000 square feet of office space, 147 townhome and condominium units, 85 single-family homes, and, of course, the 10-acre Town Center Park....Town Center Park is where Suwanee gathers for community events. "

So, the FIRST STEP is determining the public/ private nature of the real estate.

THEN, the NEXT step would be determining the public / private nature of the group or firm or agency that is putting on the event: managing it, promoting it, making the rules for it, etc.

Only after ALL that is done can a law-abiding citizen take, at best, an educated guess (but never know with certainty) that a certain location like this is legally off-limits.

It sounds like our current Code section 16-11-127 needs to be thrown out by the courts as void for vagueness. I don't even think that a ruling from the Court of Appeals that clarifies the public / private issue should save 16-11-127 from being declared VOID for vagueness. The statutory law itself needs to be clear, WITHOUT citizens keeping current on caselaw. If the O.C.G.A. code is too vague or puts too much of an investigatory burden on citizens to research things, the law ought to be found to be unenforceable until such time as the legislature fixes it.
 

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Lawyer and Gun Activist
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When is a statute too vague to be enforced without violating the constitution and Due Process of law?

QUOTE : :It is well-settled that the void for vagueness doctrine of the due process clause requires that a challenged statute or ordinance give a person of ordinary intelligence fair warning that specific conduct is forbidden or mandated
and provide sufficient specificity so as not to encourage arbitrary and discriminatory enforcement.
Vagueness challenges that do not implicate First Amendment freedoms must be examined in the light of the facts of the case to be decided."
Parker v. City of Glennville, 288 Ga. 34, 35(1) (701 S.E.2d 182) (2010).

[A] person 'who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.'

Izzo v.. State, 257 Ga. 109, 110(1) (356 S.E.2d 204) (1987). " 'A court should therefore examine the complainant's conduct before analyzing other hypothetical applications of the law.'

All above quotes are from:
WHATLEY v. The STATE.
Supreme Court of Georgia
No. S15A0032.

Decided: June 29, 2015
 

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I wonder if they are willfully excluding the missing "private" or did they get bad legal advice based on the previous wording of the law? It seems like we are seeing lots of festivals in public parks that believe the above interpretation is correct even though the legislature specifically inserted private into the phrasing.

I assume since so many of these festivals are fleeting events, it might be hard to sue them, based on how long the Botanical Garden case as taken.
If you review the wording, it is obviously the earlier version of the statute, which, in addition to missing the word "private," also declared a right to "forbid possession" which is no longer in the statute. They went off an earlier version. Very easy to do if you just use Google and do not have a method of reliably updating your legal authorities.
 

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Man of Myth and Legend
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I looked at their website a few minutes ago. Found the below in the prohibited iitems link on the FAQ page. Note the first category.

Always good to read up on this stuff and keep an eye on it as the time gets near.

Nemo

Prohibited Items
"Unlicensed or illegal Weapons (i.e. knives, pepper spray, stun-guns, any weapons or firearms in the possession of anyone not properly licensed to own or carry such weapon or firearm, etc.)

Prohibited items include, but are not limited to: •Outside alcohol •Bottles •Cans •Outside food/beverages •Unlicensed or illegal weapons or firearms (i.e. knives, pepper spray, stun-guns, any weapons or firearms in the possession of anyone not properly licensed to own or carry such weapon or firearm, etc.)- Private property owners and persons in legal control of property through a lease, rental agreement, licensing agreement, contract or other agreement to control access to property have the right to forbid possession of a firearm on their property.) •Illegal drugs •Chemicals •Fireworks, Smoke Bombs, etc. All bags, jackets, and guests are subject to search upon entering the event.
 

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Member Georgia Carry
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Discussion Starter · #12 ·
I see they have modified their website.
 
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