Can a Police Officer Issue a Trespass Ban for a Public Park

Municipalities give their local police department letters of authority to issue trespass warnings just as a property owner could do. So long as the reason for trespassing the person isn't on the basis of race/religion/national origin/sex/age/etc. then a police officer can trespass any person for any reason. They don't issue them arbitrarily. Nothing would stop you from discussing the matter with the department's senior officer up to and including the chief. Perhaps if you have a reasonable conversation with them and explain the circumstances credibly they will rescind the trespass notice. If it's that important to you.

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Quoting asa_jim

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Municipalities give their local police department letters of authority to issue trespass warnings just as a property owner could do. So long as the reason for trespassing the person isn't on the basis of race/religion/national origin/sex/age/etc. then a police officer can trespass any person for any reason. They don't issue them arbitrarily. Nothing would stop you from discussing the matter with the department's senior officer up to and including the chief. Perhaps if you have a reasonable conversation with them and explain the circumstances credibly they will rescind the trespass notice. If it's that important to you.

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Actually they can't (lawfully) issue them arbitrarily, which, so far is what is claimed. That is an abuse of power and unlawful. The actions the police take must be supported in law. Otherwise we have a police force without constraint which is a totalitarian government. Are you really suggesting we live in a totalitarian society?

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Quoting asa_jim

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Municipalities give their local police department letters of authority to issue trespass warnings just as a property owner could do. So long as the reason for trespassing the person isn't on the basis of race/religion/national origin/sex/age/etc. then a police officer can trespass any person for any reason.

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I disagree that they may bar a person “for any reason” other than illegal discrimination. The municipality may set rules for access to and behavior in a public park so long as those rules do not violate any rights of the citizens visiting the park and the officers may enforce those as well as issue bans to those not following the rules. But they may not ban people arbitrarily or for exercising any of the rights that citizens have. They may not, for example, ban someone because they don’t like the content of his/her speech.

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Quoting Taxing Matters

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They may not, for example, ban someone because they don’t like the content of his/her speech.

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Sorry, but it happens all the time. People spewing profane language are trespassed from parks regularly even if their speech is not illegal. Letters of authority are typically quite broad and typically give officers broad discretion as to what activities and behaviors impact the rights of others to enjoy their visit to the park. People don't have the right to unrestrained free speech on all public property at all times under all circumstances.

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Quoting asa_jim

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Sorry, but it happens all the time. People spewing profane language are trespassed from parks regularly even if their speech is not illegal. Letters of authority are typically quite broad and typically give officers broad discretion as to what activities and behaviors impact the rights of others to enjoy their visit to the park. People don't have the right to unrestrained free speech on all public property at all times under all circumstances.

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issuing an trespass illegally doesn't make it right or valid. You are suggesting a cop has a right to suppress the person's constitutional rights.

And you seem to be ok with that.

If the actions are in fact unlawful, the trespass issue is moot but if
the actions are lawful well, the cop deserves to be punished.

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Quoting asa_jim

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Sorry, but it happens all the time.

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Sorry, but that is not a good argument that it is legal. Something might happen all the time and yet still be quite illegal. You point to people being banned for using profanity; I am not convinced that is constitutional, but even if it is, surely you will concede that banning someone for political speech, like wearing a T-shirt with the slogan “Black Lives Matter” or “Make America Great Again” would be unconstitutional as political speech gets far more protection under the constitution than mere profanity? If you concede that, then I think I've made my point – there are things other than just illegal discrimination that limit what the police can do in issuing trespass bans.

What happened to the intoxicated individual ?