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  1. #1
    Join Date
    Jun 2015
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    3

    Default Can You Get a Trespass Ban Lifted if Criminal Charges are Dismissed

    My question involves criminal law for the state of: Wisconsin

    I was banned from a series of locations of a certain fast food restaurant due to a disorderly conduct charge I received from local police at one of these locations. That charge was dropped, and I also have a clean record with no convictions and arrests. However, I contacted the business's owner to get my ban from them dropped, and they told me that they would not lift the ban, and that if I contacted them again, they would call the police and have them arrest me for harassment, so I can no longer do that. However, I still want this ban lifted because I feel like my ban was not justified. I realize that businesses can ban customers from their properties as long as it is not discriminatory. However, I still feel like I have been a good citizen at their business and did nothing wrong there, so I am trying to lift the ban if possible. Several questions here:

    1. Is there any way I will be able to have the ban lifted without contacting the business?
    2. If the ban is not lifted, is there any way to have somebody else contact the business to tell them not to have me arrested for criminal trespassing if I return to their property?
    3. If there is always a risk of me being charged for criminal trespassing when I enter their business, what is the likelihood of me being caught? There are about 50 of these businesses in this chain that I am banned from, since they are owned by the same person. The only location of this restaurant that I visited was the one where I was arrested, and I have not been back since my arrest. Therefore, how would I get caught in the other locations I am banned from? Also, it has been one year since my arrest. Therefore, what are the chances that the people at that business recognize me if I return?

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    You need a burger and fries from this joint that badly?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    Wake up.

    They do not want you at their restaurants. They have the right to ban you if they so choose. If you ignore the ban you can be arrested for trespassing. There isn't a damn thing you can do to make them change their position if they do not wish to change.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    The ban has nothing to do with the criminal charges. Write them, but understand they're under no obligation for them to lifet the ban. The crystal ball is out on your likelihood of getting caught, but it is ILLEGAL for you to so and this isn't the "how do I break the law and get away with it forum." You can bet that your chances are HIGH in the location you created a ruckus in.
    If you do anything that attracts their attention at any location (more disorderly conduct or anything that will attract the police) you can bet they'll likely correlate your name with the banned list.

    Yes, it's perfectly acceptable for someone to rat you out when you are tresspassing.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    Quote Quoting lawabider15
    View Post
    My question involves criminal law for the state of: Wisconsin
    1. Is there any way I will be able to have the ban lifted without contacting the business?
    Realistically, no. So long as the business is not illegally discriminating (i.e. banning you bacause of your race, religion, disability, etc) it is free to ban you from its stores. The reason it is banning you is not because of the criminal charges that have now been dropped, but because of the conduct in their store that lead to those charges. Dropping the charges doesn’t change that you did whatever it was that prompted them to pursue the charges in the first place. The business is perfectly within its rights not to want someone in their stores who acted the way you did, whatever that was. The business has given you your answer: it does not want you in their stores. Maybe after some time it will be willing to reconsider, but I think for the time being you may just risk aggravating the situation by continuing to try to get the ban reversed; it’ll just keep the incident fresh in the minds of those involved.

  6. #6
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    Quote Quoting lawabider15
    View Post
    My question involves criminal law for the state of: Wisconsin

    I was banned from a series of locations of a certain fast food restaurant due to a disorderly conduct charge I received from local police at one of these locations. That charge was dropped, and I also have a clean record with no convictions and arrests.
    Can you please describe for us the incident that resulted in the disorderly-conduct charge?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    Quote Quoting John_28
    View Post
    Can you please describe for us the incident that resulted in the disorderly-conduct charge?
    what difference does it make? Even if there was no disorderly conduct charge the merchant could still ban the OP from their stores.

  8. #8
    Join Date
    Jun 2015
    Posts
    3

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    Quote Quoting John_28
    View Post
    Can you please describe for us the incident that resulted in the disorderly-conduct charge?


    Okay. I was sitting down, eating my food, when suddenly, a restaurant employee informed me that i had my hands near one of my private parts. He then called the police to have me arrested for disorderly conduct because he thought I was making sexual actions. However, I was not, as was proven in court. I was totally unaware about where my hands were because I have a psychiatric condition that causes me to get distracted easily, and therefore, I was unaware of what I was doing.

    As I stated in the original post, I am totally aware of the fact that businesses can ban customers for nondiscriminatory reasons. However, I don't feel like my ban was justified, since I didn't do anything wrong. Is there any way I can fight this in court?

    If there is absolutely no way to get the ban lifted, I will respect it and move on with my life.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    However, I don't feel like my ban was justified, since I didn't do anything wrong
    .it doesn't matter. They need no reason to ban you

    Is there any way I can fight this in court?
    no

    If there is absolutely no way to get the ban lifted, I will respect it and move on with my life
    then move on.

  10. #10
    Join Date
    Jun 2015
    Posts
    3

    Default Re: Removing Business Ban After Disorderly Conduct Charge Dropped

    Thank you for all of your kind help. I figured that I would be stuck with this ban, but at least I got the disorderly conduct charge dropped. I will stay out of all of these restaurant locations that I am banned from.

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