Ban carry at a parade or street festival on public streets

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rlobrecht
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Ban carry at a parade or street festival on public streets

#1

Post by rlobrecht »

I found this site from the 30.06 page, I hope someone can answer my question. I have two granddaughters who will be walking in the Houston Pride Parade this Saturday. My wife has decided we are going to see them, take pictures, be supportive...

The Pride organization has posted that firearms aren't allowed on the website. As I understand it, this is a legitimate way to provide written notice (it is valid 30.06 and 30.07 verbage).

My question is, can they even do this? The parade is on public streets in downtown Houston.
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Syntyr
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Re: Ban carry at a parade or street festival on public streets

#2

Post by Syntyr »

I would venture to say that they dont have a right or authority to randomly stop and search someone on a public street. However, if they have managed to cordon off a section of streets I could see where they would think they have that power.

Just keep in mind that regardless of if they have the authority or not this is Art Acevedo and HPD so you wont win any arguments with them concerning the validity of their "authority".

As to going to a "pride" parade... sorry! It would not be me. Already had arguments with my young niece over my eating chick fil a.
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rlobrecht
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Re: Ban carry at a parade or street festival on public streets

#3

Post by rlobrecht »

Good point about HPD not really caring about what is legal. Thank you for your comments.

easy10
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Re: Ban carry at a parade or street festival on public streets

#4

Post by easy10 »

just viewed the website. Random vehicle searches, "These searches could and will include vendors, volunteers, entries and guests". interesting

Malawler
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Re: Ban carry at a parade or street festival on public streets

#5

Post by Malawler »

Am I the only one who notices the irony of a parade that celebrates inclusiveness and personal freedom of expression wanting to limit the ability of those who attend to protect themselves while doing so.
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KLB
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Re: Ban carry at a parade or street festival on public streets

#6

Post by KLB »

Malawler wrote: Tue Jun 18, 2019 9:45 am Am I the only one who notices the irony of a parade that celebrates inclusiveness and personal freedom of expression wanting to limit the ability of those who attend to protect themselves while doing so.
Because those hosting it aren't about inclusiveness and freedom. They're about demonstrating political muscle.
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anygunanywhere
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Re: Ban carry at a parade or street festival on public streets

#7

Post by anygunanywhere »

KLB wrote: Tue Jun 18, 2019 10:03 am
Malawler wrote: Tue Jun 18, 2019 9:45 am Am I the only one who notices the irony of a parade that celebrates inclusiveness and personal freedom of expression wanting to limit the ability of those who attend to protect themselves while doing so.
Because those hosting it aren't about inclusiveness and freedom. They're about demonstrating political muscle.
I don’t recall where I read this:

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First you are forced to tolerate.

Then you are forced to include.

Next, you are forced to support, invest and engage in preferential treatment.

Finally, you must celebrate, embrace and proclaim perversions moral superiority.

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KLB
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Re: Ban carry at a parade or street festival on public streets

#8

Post by KLB »

The statute prohibits signs on property owned or leased by a governmental entity. This event is happening on the streets, which typically are easements. Rarely does any level of government own the fee, putting aside highways, which TxDOT now buys in fee.

Does the easement count as governmental ownership? Maybe there's already law on this, but I'm unaware of it. I would argue that an easement is an ownership interest, just not the whole interest. But I've argued things before that didn't impress the judge.
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bblhd672
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Re: Ban carry at a parade or street festival on public streets

#9

Post by bblhd672 »

Malawler wrote: Tue Jun 18, 2019 9:45 am Am I the only one who notices the irony of a parade that celebrates inclusiveness and personal freedom of expression wanting to limit the ability of those who attend to protect themselves while doing so.
No you're not the only one. Progressive socialists of all kinds want THEIR right, liberty and freedom to do whatever THEY want, with little regards to anyone else's rights, liberty or freedom. One of the main symptoms of progressive socialism is hypocrisy.
Syntyr wrote: Tue Jun 18, 2019 9:10 am Just keep in mind that regardless of if they have the authority or not this is Art Acevedo and HPD so you wont win any arguments with them concerning the validity of their "authority".
:iagree: You probably don't want to take the risk of Houston PD shooting you or your dogs.
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Bitter Clinger
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Re: Ban carry at a parade or street festival on public streets

#10

Post by Bitter Clinger »

Geez, really wish I could be there, NOT.
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Charles L. Cotton
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Re: Ban carry at a parade or street festival on public streets

#11

Post by Charles L. Cotton »

TPC §§30.06 or 30.07 signs posted on government property are not enforceable, unless the property is already off-limits per TPC §46.03 or §46.035. I know absolutely nothing about this event, but if it's a parade it will take place on public streets. If the festival is on public property like a park, then those signs are also unenforceable.

Local Gov't Code §229.001(b)(6) allows cities to regulate (ban) firearms in parks and political rallies and parades, but this authority does not extend to LTCs. Since the sponsors of the "event" specifically references TPC §§30.06 and 30.07, they obviously intend to prohibit carrying by LTCs.

People are correct about HPD Chief Acevedo. However, if anyone is arrested, be sure to get the badge number of all involved officers so you can file a §1983 civil rights lawsuit against the individual officers as well as the City of Houston. You will also be able to file a malicious prosecution suit against the event sponsors.

I am an attorney, but I'm not your attorney; so don't believe a word I have typed.
Chas.
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KLB
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Re: Ban carry at a parade or street festival on public streets

#12

Post by KLB »

Charles L. Cotton wrote: Tue Jun 18, 2019 11:31 am I am an attorney, but I'm not your attorney; so don't believe a word I have typed.
Chas.
Yes. Same, here.
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Jusme
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Re: Ban carry at a parade or street festival on public streets

#13

Post by Jusme »

Charles L. Cotton wrote: Tue Jun 18, 2019 11:31 am TPC §§30.06 or 30.07 signs posted on government property are not enforceable, unless the property is already off-limits per TPC §46.03 or §46.035. I know absolutely nothing about this event, but if it's a parade it will take place on public streets. If the festival is on public property like a park, then those signs are also unenforceable.

Local Gov't Code §229.001(b)(6) allows cities to regulate (ban) firearms in parks and political rallies and parades, but this authority does not extend to LTCs. Since the sponsors of the "event" specifically references TPC §§30.06 and 30.07, they obviously intend to prohibit carrying by LTCs.

People are correct about HPD Chief Acevedo. However, if anyone is arrested, be sure to get the badge number of all involved officers so you can file a §1983 civil rights lawsuit against the individual officers as well as the City of Houston. You will also be able to file a malicious prosecution suit against the event sponsors.

I am an attorney, but I'm not your attorney; so don't believe a word I have typed.
Chas.

How about sending a link to the web site to the AG? Isn't his office charged with enforcing illegally posted signage?

I realize that by the time any action could be taken, the parade, and the illegal postings would be gone, but if this is the city's SOP, perhaps other event postings could be quashed.
Last edited by Jusme on Thu Jun 20, 2019 4:03 pm, edited 1 time in total.
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