Mesquite Real Texas Festival

[RAM4171]

Was thinking about heading out there Friday the 27th with Mrs. RAM. The website reads "No outside coolers will be allowed, as well as weapons of any kind (firearms, knives, martial arts weapons, etc.). " Does anyone know if it's properly posted, or has metal detectors? I usually don't hang out in large crowds, but since I live in Mesquite i gotta make it atleast once.
Edited for date correction

[gdanaher]

You know that the festival is not this week but 2 weeks out? Anyway, it is not the same as the regular rodeo so there might not be signs now but they could put them up for the festival. Hard to enforce because the acreage all around the rodeo is the site of the festival. Property is private property, not city. It past years it turned into a beer fest, so the 51% TABC thing might apply as well. I wouldn't be caught there with or without sidearm.

[johnson0317]

I believe you have officially received a legal written notice. No need for a 30.06. However, there is no way they could prove you were on the website (well, I guess they could if they decided to prosecute),

RJ

[Skiprr]

I believe you have officially received a legal written notice. No need for a 30.06.

Really? Tell me how so...

[johnson0317]

I thought someone might want to take me up on that! Just remember, I am not a content expert, but I do try my bestest to understand this stuff.

"The website reads "No outside coolers will be allowed, as well as weapons of any kind (firearms, knives, martial arts weapons, etc.). "

To me, this serves as effective written notice. There is more than one way to skin the 30.06 cat. You can be simply handed a card that says weapons are not allowed. You may also receive oral notice. Carrying past that point is trespassing. The 30.06 sign is the best way to make sure the general public is aware of your anti-intent, but not the only.

If one of the experts on the subjects sees it differently, please let us know.

RJ

[jmra]

I thought someone might want to take me up on that! Just remember, I am not a content expert, but I do try my bestest to understand this stuff.

"The website reads "No outside coolers will be allowed, as well as weapons of any kind (firearms, knives, martial arts weapons, etc.). "

To me, this serves as effective written notice. There is more than one way to skin the 30.06 cat. You can be simply handed a card that says weapons are not allowed. You may also receive oral notice. Carrying past that point is trespassing. The 30.06 sign is the best way to make sure the general public is aware of your anti-intent, but not the only.

If one of the experts on the subjects sees it differently, please let us know.

RJ

Using that logic no one would ever need to post a 30.06 sign as any language barring guns including gunbuster signs at the entrance would be sufficient. If this were the intent of the law then a 30.06 Sign requirement would never have been included in the law to begin with.

[Skiprr]

I thought someone might want to take me up on that! Just remember, I am not a content expert, but I do try my bestest to understand this stuff.

"The website reads "No outside coolers will be allowed, as well as weapons of any kind (firearms, knives, martial arts weapons, etc.). "

To me, this serves as effective written notice. There is more than one way to skin the 30.06 cat. You can be simply handed a card that says weapons are not allowed. You may also receive oral notice. Carrying past that point is trespassing. The 30.06 sign is the best way to make sure the general public is aware of your anti-intent, but not the only.

If one of the experts on the subjects sees it differently, please let us know.

RJ

But that's incorrect. To be effective, legal notice, any written statement must conform to the exact language set forth in PC §30.06. Oral notice does not have to conform to specific language, but any written notice does. The Penal Code is clear on this:

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that: (A) entry on the property by a license holder with a concealed handgun was forbidden; or (B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) “Entry” has the meaning assigned by Section 30.05(b).

(2) “License holder” has the meaning assigned by Section 46.035(f).

(3) “Written communication” means: (A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun”; or (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

The emphasis is mine. The net message is that written notice, to be effective under the law, must contain the exact language shown in PC §30.06(c)(3)(A).

I doubt there's any case law, but I would imagine that an attorney could argue that a Website does not constitute "a card or other document" as described--or intended--in PC §30.06.

Also--and I want to be very clear that I know nothing of the Real Texas Festival--it sure looks to me as if the festival is "owned" by the City of Mesquite...at least all sponsorship or festival information questions point to Daren Watkins, Special Event Coordinator, the City of Mesquite. Even if the festival is actually operated by a different legal entity, I'll bet that the Rodeo Center is owned by the City of Mesquite.

If either of those conditions are true, then PC §30.06(e) comes into play and effective notice under PC §30.06 can't be issued at all. That said, the rodeo portion of the festival is no doubt a professional sporting event, so carry inside the building containing the rodeo while the event is in progress would be prohibited.

[johnson0317]

I sit corrected!

RJ

[FishInTx]

If it's a real Texas Festival everbody should be carrying!!!

[gdanaher]

Also--and I want to be very clear that I know nothing of the Real Texas Festival--it sure looks to me as if the festival is "owned" by the City of Mesquite...at least all sponsorship or festival information questions point to Daren Watkins, Special Event Coordinator, the City of Mesquite. Even if the festival is actually operated by a different legal entity, I'll bet that the Rodeo Center is owned by the City of Mesquite.

If either of those conditions are true, then PC §30.06(e) comes into play and effective notice under PC §30.06 can't be issued at all. That said, the rodeo portion of the festival is no doubt a professional sporting event, so carry inside the building containing the rodeo while the event is in progress would be prohibited.

The Rodeo Center, and all surrounding property, is private property not affiliated with the City of Mesquite. Much of the festival is conducted on open pasture-type land surrounding the arena which will be roped off. just fyi

I just took a look at the web page and couldn't readily find any reference to weapons. It may be there but it isn't obvious.

[JP171]

its a very grey area since the city is one of the parties sponsoring the fextival and is renting the land during the festival and therefore falls under the leased by the city clause, the rodeo portion is not considered to be a professional event