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ELB wrote: ↑Mon Mar 15, 2021 5:28 pm I would hate to see City of Austin dodge their. $1.5M or greater (by now) fine just because of mootness.

The underlying problem with the errant behavior is that the politicians know that if they age it enough, they can escape all consequences of it. It is the lack of consequences that allows it to happen in the first place. There is never a "message" sent. This would be an excellent vehicle to fix that. The good people of Austin need to understand the excesses of their government just like I do if I exceed the speed limit and get caught.

mr1337 wrote:
So basically child care centers are only off-limits if they post 30.06/07 or are in an otherwise prohibited location. Administrative code only applies to the child care facility, not license holders.

Remember that in order to receive 30.06/07 notice, any written communication must be as described in the statute. If the CPS wording doesn't match that, it's not enforceable. (However, verbal notice does not require any specific wording.)

The email that I saw from CPS went into the detail of 30.06 and 30.07 notification including the signs. The implied threat is that if the hosting organization for the pre-school doesn't "comply" with the CPS requirements for the license, the license is revoked. That would mean that the church could no longer host the pre-school. From talking to the leaders in charge of the pre-school, the no-gun policy is only one of many things for which the license could be revoked.

All that said, the CPS directives on firearms seem a lot like the current ban on some types of firearms and magazines in Connecticut. The whole situation hinges on the level of enforcement. I toured several of the churches in our area with pre-schools and none of them had 30.06 and 30.07 signs up. I suspect that it will take an overt act by CPS against one church sponsored (or other) pre-school to change that. The email went into detail about the pre-schools that are held in someone's home and the requirements for firearms there. I've looked at the commercial, stand-alone pre-school/child care facilities in this area and found none of them posted externally either. They might have signs behind their locked doors that I couldn't see, however.

I recommended that the church use the exact CPS wording from the email to include in the pre-school parent handbook because I understood that it isn't enforceable. But a good argument could be made that the church is complying with the CPS directive since it is their exact wording. There is no practical way for the church to put up and take down TPC type signage on the ends of the pre-school day. While the pre-school is physically separated and locked during operation, the teachers take the students to other parts of the church facility on occasion and full compliance would require the church and all of its 9 entrances to be posted. The church leaders have prohibited OC but are handling it with written notice passed out to someone with a visible gun rather than posting signs as some churches have done. There is no current desire by the church leaders to post 30.06 signs on the facility.

casp625 wrote:So... all licensed child care centers are statutorily off limits since they are a school? Does this include daycares or does child care = daycare?

I danced with this problem earlier this year. In January, the CPS sent out emails to many (all?) licensed preschool locations stating that Open Carry did not change anything and that carry of licensed handguns had always been prohibited. They went into detail about 30.06 and 30.07. I wrote back to them asking their authority to issue the restriction and they quoted a part of the Administrative code. I don't pretend to understand that. The pre-school that I was working with was part of a church and the church did not want to post any signs. Since CPS can audit the pre-school and the license could be suspended for non-compliance (they have a myriad of reasons including not deep enough mulch around playground equipment), the church wrote a statement in to the handbook that the parents must sign, quoting the CPS language. The church was not equipped or willing to contest the CPS wording.

Given the current situation with CPS, I'm hoping that the 2017 Legislature can bring some sanity to their operation.