Page 2 of 2

Re: Taking on the Cedar Park Center - Heb Center

Posted: Mon Nov 20, 2017 7:53 am
by Liberty
Kalrog wrote:Well, the City of Cedar Park responded (the city attorney specifically) to my inquiry within about an hour on a Sunday evening. I'll call that good service even if I didn't like the contents of the answer. He pointed to the OAG opinion here: https://www.texasattorneygeneral.gov/op ... kp0108.pdf

That basically confirms what I was expecting his position to be - the city isn't liable for the signs. I was glad to see that the OAG opinion took it a bit further in this case and is of the opinion that you cannot be prosecuted for carrying past a 30.06 sign in this situation. Anyone want to chance the ride even if you win in court? I'll be taking this up with my state elected officials.
Not taking a very big risk if you carry concealed. Even carrying openly there isn't much too lose.
Shouldn't involve a ride, an afternoon in court to defend a $200 fine.

Re: Taking on the Cedar Park Center - Heb Center

Posted: Mon Nov 20, 2017 9:35 am
by Soccerdad1995
Liberty wrote:
Kalrog wrote:Well, the City of Cedar Park responded (the city attorney specifically) to my inquiry within about an hour on a Sunday evening. I'll call that good service even if I didn't like the contents of the answer. He pointed to the OAG opinion here: https://www.texasattorneygeneral.gov/op ... kp0108.pdf

That basically confirms what I was expecting his position to be - the city isn't liable for the signs. I was glad to see that the OAG opinion took it a bit further in this case and is of the opinion that you cannot be prosecuted for carrying past a 30.06 sign in this situation. Anyone want to chance the ride even if you win in court? I'll be taking this up with my state elected officials.
Not taking a very big risk if you carry concealed. Even carrying openly there isn't much too lose.
Shouldn't involve a ride, an afternoon in court to defend a $200 fine.
Not only that, but if the City uses their LE resources to give you a "ride", or even a citation, that would appear to completely undercut their position that they are not at fault since the management company posted the signs. The management company may have posted the signs, but the city is actively enforcing the signs, and this enforcement should be a separate and independent violation of the "fines for signs" law, irrespective of whether someone else posted signage.

If issued a citation, I would send a copy of that to the AG with a new complaint saying that the city is preventing LTC's from carrying in that location.

Re: Taking on the Cedar Park Center - Heb Center

Posted: Tue Nov 21, 2017 3:51 pm
by spectre
Forget fines. Before the AG letter, if the cops gave somebody a "ride" over this, that was false arrest and official oppression. After the AG letter, there's no gray area. It's aggravated kidnapping and the kidnappers should spend time in prison.