Florida's legalized abuse of power
The draconian purpose of Florida's trespassing laws
Not too often I have seen articles in the Tampa/St. Petersburg media about the draconian application of Florida's criminal code, specifically the Florida Statutes on trespassing as codified in Section 810.09. It allows any person in authority, including a store manager or a law enforcement official, to ban any law abiding citizen as it pleases for the rest of the person's life.
You got that right. Banned for life. All without due process and trial.
After reading about numerous incidents of people banned for life from many of Florida's prized attractions and other locations including none other than Walt Disney World, I spent the first half of 2008 crafting a white paper on Florida's trespassing laws and its recipe for discrimination and abuse of power by store managers and law enforcement.
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This is a summary document and this link will also open in a new window
Here is an open letter to Mr. Toddy Hardy, Event Manager for the Tampa Bay Rays, regarding treatment of Rays fans by Rays security staff
This is in response to several incidents of uneven and draconian enforcement of the Rays' fan code of conduct at Tropicana Field as covered in the St. Petersburg Times, Bay News 9 and WTSP 10 News and was also discussed on my blog. Letter will also open in a new window.
This is a document provided for your reference should the worst happen and you are detained or arrested for trespassing in Florida. What you see here or in this PDF document is not legal advice whatsoever, and consultation with an attorney licensed by the Florida Bar and certified in criminal law defense is strongly recommended!
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After all, we as Americans cherish our right to private property and unwanted governmental interference and I believe in that 100 percent. However, what I am discussing here in this white paper is that of commercial private property with the implied right of access at will. These are places like malls, shopping centers, restaurants, gas stations and convenience stores, and attractions to name a few.
I urge you to please read this white paper word for word and decide for yourself. I believe that Florida, in essence, practices banishment of its law abiding citizens on a regular basis by enforcing its draconian trespassing laws which gives a life sentence without the benefit of due process and trial - in other words, banned for life. Ask for yourself: As an United States citizen, how would you feel if you came back from, say, a day trip into Tijuana and you were told that you have been banned from the United States for life?
Related Websites of Interest
(Note: The websites listed below will take you out of the EdwardRingwald.com presence and are presented here for your reading and viewing pleasure)
Orlando area criminal defense attorney Jon H. Gutmacher has a great page on Florida trespass laws explained.