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Ordered to Stay Away from a Business

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  • 05-04-2014, 12:19 PM
    Dogmatique
    Re: Ordered to Stay Away from a Business
    Quote:

    Quoting trenchant
    View Post
    Well, we haven't been talking at all about the First Amendment, or art, and the protections thereof. Everyone is remarking on my mental state. I suppose I wouldn't be the first poet to hear that from the masses...here's the question; it's about the burden of proof in regard to a restraining order: Does the petitioner have to show proof of a physical threat or can they argue a threat to their income? I really don't care if anyone wouldn't "like" poems, that do not name names, but speak to the threat if the gentrification of the street, posted outside their business. I want to know--must they prove the threat of violence or to their safety, or can they argue that their income is at risk, even though their business was never named--and, btw, these are poems, protected by the First Amendment.
    Any legal views on that?


    The first amendment does not protect you from consequences.
  • 05-04-2014, 12:38 PM
    trenchant
    Re: Ordered to Stay Away from a Business
    Yes, there could be consequences to the reputations of business owners who set up camp on a street known for supporting the arts and the revolutionaries, and then threaten artists with the color and authority of the law. However, "here's the question; it's about the burden of proof in regard to a restraining order: Does the petitioner have to show proof of a physical threat or can they argue a threat to their income?"
    And legal opinions about that?
  • 05-04-2014, 01:02 PM
    Vigilante80
    Re: Ordered to Stay Away from a Business
    It is your first amendment right to make poetry and art, but a business is a private enterprise. Read the paragraph below.

    "Businesses are within their rights to establish their own rules for admitting or banning people from the property. A company can protect an employee by banning an abusive ex-spouse or stalker from the workplace. The owner of a bar can forbid an obviously drunken or unruly patron from entering. Casino management can identify and ban a card-counter or a known cheater. In any such case where an individual is prevented from entering the property, the prohibition cannot be based on any of the classes protected by federal laws."
  • 05-04-2014, 01:15 PM
    trenchant
    Re: Ordered to Stay Away from a Business
    I have not entered the property for more than a month before I ever posted a single poem on the street. So, thanks, and I already knew that. I have never posted poetry on their property, nor have they been named in the poetry, nor has anything I have written been libelous, because it was true.

    Here's the question; it's about the burden of proof in regard to a restraining order: Does the petitioner have to show proof of a physical threat or can they argue a threat to their income?
    And legal opinions about that?
  • 05-04-2014, 01:31 PM
    Vigilante80
    Re: Ordered to Stay Away from a Business
    Quote:

    Quoting trenchant
    View Post
    Here's the question; it's about the burden of proof in regard to a restraining order: Does the petitioner have to show proof of a physical threat or can they argue a threat to their income?
    And legal opinions about that?

    Yes, but the threat doesn't always have to be physical.
  • 05-04-2014, 03:34 PM
    trenchant
    Re: Ordered to Stay Away from a Business
    What other threats then? And can it be a threat to their income, because they perceive that my poems may (or may not) hurt their reputation, and therefore income, though they are not named?
    I mean, I know they can ask for anything, but what must they prove?
    (Although, if they pursue this, it might be a far worse hit to their "hip and cool and gritty" reputation than any poem I have ever written).
  • 05-04-2014, 04:41 PM
    Vigilante80
    Re: Ordered to Stay Away from a Business
    They can consider it harassment or stalking. And how exactly will pursuing this be a big hit to their reputation?
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