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Q: Trespass Law ( No Answer,   0 Comments )
Question  
Subject: Trespass Law
Category: Relationships and Society > Law
Asked by: walkman2-ga
List Price: $15.00
Posted: 25 Jul 2004 13:55 PDT
Expires: 26 Jul 2004 09:08 PDT
Question ID: 378898
This is the scenario. An abortion activist walks into an abortion mill
and begins to witness to the clients about the detriment of abortion.
No threats are made, there is no violence, merely speech about the
subject. The abortion administrator approaches the activist with a
stun gun and threatens to use it if he does not leave immediately. The
activist, not wanting an altercation to take place, leaves.

Is the abortion administrator breaking any law or opening herself to a
civil action by threatening violence against the activist, who has
done nothing more than express his opposition to abortion on her
property? Or is she completely within her rights under the
circumstances to wield the stun gun?

I am looking for sources of information and potentially case law on
this subject. Thank you. Assume the property is posted against
trespass.

Request for Question Clarification by tutuzdad-ga on 25 Jul 2004 13:58 PDT
In what state (and city if you can divulge it) did this incident take
place? (This must be known before specific laws can be researched).

tutuzdad-ga

Clarification of Question by walkman2-ga on 25 Jul 2004 15:35 PDT
Would prefer generic answer or illustration from law of any state

Request for Question Clarification by tutuzdad-ga on 25 Jul 2004 15:41 PDT
There's no guarantee that such a generic interpretation would be
applicable to your situation, and therefore we run the risk of
providing an unsatisfactory answer. I am a 20+ year member of law
enforcement and have quite a bit of insight into such issues, but only
when the jurisdictional issues are known. I might be willing to
research your question if armed with the necessary information in
advance.

regards;
tutuzdad-ga

Request for Question Clarification by tutuzdad-ga on 25 Jul 2004 15:44 PDT
It should be noted that laws are intentionally and jurisdictionally
specific. There are no "generics" when it comes to right and wrong in
the eyes of the law. One is either acting in accordance with the local
law or in violation of it. There is no gray area to offer.
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