imported post
Sorry to bump a topic more than month old, but I didn't see any responses to wvguy on the last post and I just have to play everyone's favorite game - devil's advocate.
Assuming what you said is true, and ignoring the sign is criminal trespass, if the sign is written in English, and I don't read or speak English, have I violated the law? Granted, the property owner needn't speak my language to tell me to GTFU...so what if I speak English but can't read? Or I'm just distracted and don't notice the sign? Or I misread the sign? Or I'm blind?
To patronize a business, I am not required to first know its policies. I am expected to obey them or leave only after explicitly informed of them. I do not believe a sign on the door should qualify as explicit notification. If it is, how large should the print be? Should the colors be high-contrast? Should it be posted on the door at eye-level, or is the bottom corner of the window next to the Visa/Mastercard logo OK? See my point?
And I absolutely agree that a private property owner may set whatever restrictions he so desires, but aren't there limitations on what he is allowed to restrict? An employer isn't allowed to write a policy saying "No Women" or "No Jews". My company says I can't do drugs, I can't fight, I can't access computer files unrelated to my job... But all of these are also crimes, and companies may absolutely refuse employment to criminals.
If "No Women" is sexual harassment and "No Jews" is religious harassment, isn't "No Guns" harrassment based on political affiliation? If I am forbidden to put a poster of Jesus on the wall of my office, but free to wear a cross around my neck, should I not be equally free to wear a (legal) weapon, even if I am prohibited from storing it in my desk?
I guess that's more related to employment, not patronage....So is a business allowed to say "No gay customers"? I suppose technically they are, though they're likely to be the target of repeated vandalism, and even more likely to be avoided by most customers.
So, anyone know of any precedents in WV or anywhere that a posted sign is sufficient?
Now that I'm editing my post, I just realized that in fact, if I own a parcel of land, I should not be required to erect a sign prohibiting trespassers. So in my mind, that's a good argument against my point. OTOH though, there is no reason for visitors on my land, whereas a store wants customers to visit their property, and people have a reasonable expectation that when a store is open for business, they are not trespassing by patronizing it without prior permission from the owner.
Tim