LETZ OTVO - Invidious

LETZ OTVO

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LETZ OTVO

"Concerned Citizens”
We often view property as a binary: it is either private or public. But today, our cities are operating in a 'gray zone' where private buildings house our essential public services—from social service offices to municipal clinics. When our local police forces attempt to 'trespass' individuals from these hybrid spaces, they are not just enforcing a property line; they are walking into a legal and ethical minefield.

First, we must consider the Constitutional risk.
The Supreme Court has long held that while the government can set 'reasonable, content-neutral' restrictions on property, it cannot exclude citizens for impermissible reasons. When a public entity operates inside a private building, that space becomes a 'quasi-public' forum. By issuing a trespass order, the municipality may be violating a citizen’s First Amendment right to petition their government or their Fourteenth Amendment right to due process. You cannot simply 'cancel' a citizen's access to their own government because the landlord holds a private deed.

Second, there is the issue of Authority and Liability.
In many jurisdictions, a police officer cannot legally issue a trespass warning on private property unless they have a specific written agreement with the owner or probable cause that a crime has been committed. Without this, the city risks costly civil litigation for 'unlawful seizure' or 'deprivation of rights'. If a person is there to access a public service they are legally entitled to, the act of removal itself could be seen as an illegal interference with that service.

Finally, we must look at the message this sends.
Our municipal offices are the 'people’s house,' even when they are rented. Using police power to gatekeep access to these services erodes public trust and disproportionately affects our most vulnerable neighbors—those who may not have the means to challenge an unjust order in court.

Thank you.

3 weeks ago | [YT] | 10

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LETZ OTVO

KAFB Cases Dismissed by the NM District Court, and Property returned.