Under what legal basis...screening Peachtree Road Race

Discussion in 'GA Laws and Politics' started by Clark, Jul 5, 2018.

  1. Clark

    Clark Well-Known Member

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    Under what legal basis does the city/state/whoever claim to seal off the route of the Peachtree Road Race and have screening and such? This isn't rhetorical or intended to start a fight, I genuinely want to know what the deal here is. They'd be hard pressed to claim it as a government building, but since it's a private event, are they [now] using the same claim that the botanical garden uses? Which really would mean that a private entity could rent the roads and ban guns, and even have invasive screening.
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    A related question would be by what authority can the government close public roads and deny members of the public the use of them if those people are not participating in a privatly-managed and privately-funded event ?

    chances are it's the same answer for both, even though we specifically have a preemption law and we also have a weapons carry law that says GWL holders can carry anywhere in the state except for specifically named places mentioned in 16-11-127 and 127.1 .

    I agree it's a good question.


    The government will probably say that it's an implied exception to gun rights ---and property rights for that matter--- found in the doctrine of exigent circumstances.

    Whenever a VIP comes to a public place, all of the public may be disarmed for the protection of the VIP.

    Whenever the public gathers in a place where terrorists might want to hurt them, the people can be disarmed so to thwart terrorism.

    Legal niceties are just words on paper. The government will say we can't let following those words put lives at risk. This is, after all, a post-9/11 world.
     

  3. Clark

    Clark Well-Known Member

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    There's that too. Frankly, if I had the money, I'd sue the city of Atlanta on First Amendment [religious] grounds since it seems like every other Sunday, when I'm just trying to get to church, they have half the roads blocked off for another idiot race. Heck, the last Publix marathon, the course was configured as a ring so anyone inside, or anyone trying to get inside was just SOL since of course they didn't dare block any of those poor helpelss racers and let vehicles through.
     
  4. NTA

    NTA Well-Known Member

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    There's an appropriate quotation that involves "power corrupts".
    We are getting used to it.
     
  5. a_springfield

    a_springfield Well-Known Member

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    What about 400sb this Sunday it is closed for bikes
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    While I would agree that the public may be screened/disarmed for Presidential appearances and those entitled to USSS protection (as that is under the jurisdiction of the US Secret Service) I'm not so sure that it applies to just any "VIP".
    It certainly didn't apply when our Governor signed HB60 into law back in 2014.
    [​IMG]
     
    mark5019 likes this.