preschool/daycare

[Timjoebillybob]

I know they are off limits, but I've got a question. My local park has a building that is partially rented for use as a preschool/daycare. The building has an entryway that has bathrooms and the parks superintendent's office and a meeting room located off of it. It also has the entrance to the portion of the building that is for the exclusive use of the preschool, and a door to another large room that is for the use of the daycare during operating hours, but is available for rent or other use during non daycare hours.

How much of it is a GFZ? I know the daycare only portion is, but entryway and superintendent's office/meeting room? How about the other room that is available for rent? It also has a small parking lot off the main drive, but I don't know if they "lease" it or not, it is used by the parks dept and there is no signs posted. There is also a small fenced off playground that is marked for daycare use only, during x hours/days. Day care payed for it but donated it to the park with the condition that they have exclusive use during operating hours.

Small section on the right is entryway/office/meeting room. Larger section on left is half preschool, half "multipurpose room"

https://www.google.com/maps/place/9...e081c2d1d1bdd0!8m2!3d40.7302994!4d-86.7616672

 

[TheSpark]

First, IANAL.

I believe you are safe anywhere outside of that building. Indiana code defines a school property outside of any buildings as

The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision

Most likely they are only renting space inside the building itself and the property outside of the building is still part of the public park. Because they don't rent the park property itself that area would not meet the "and" requirement in the code above. If this is the case then you are fine as long as you don't enter that space.

As for inside the building, I would believe only the parts they rent are off limits. Technically you could even argue in court that the daycare/school part is not a GFZ because they do not rent the "building or other structure". They rent "space" inside of it. I wouldn't want to be the guinea pig for that argument, but it appears to have merit based on my reading of the definition of school property.

Finally, a day care itself is not really automatically a GFZ. Some would classify, others wouldn't. I don't know enough about that particular day care to make any further comments. Day cares are mostly just professional baby sitters. If that made it classify as a GFZ then there are a lot of independent baby sitters out there committing a felony in their own homes right now.

a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten

So for it to be a GFZ it would have to be run by the federal, state, local municipality, or a nonprofit organization. This means if they are a for-profit preschool (unless the preschool meets one of the other requirements) or day care that they are not a GFZ.

 

[Timjoebillybob]

First, IANAL.

Most likely they are only renting space inside the building itself and the property outside of the building is still part of the public park. Because they don't rent the park property itself that area would not meet the "and" requirement in the code above. If this is the case then you are fine as long as you don't enter that space.

As for inside the building, I would believe only the parts they rent are off limits. Technically you could even argue in court that the daycare/school part is not a GFZ because they do not rent the "building or other structure". They rent "space" inside of it. I wouldn't want to be the guinea pig for that argument, but it appears to have merit based on my reading of the definition of school property.

Finally, a day care itself is not really automatically a GFZ. Some would classify, others wouldn't. I don't know enough about that particular day care to make any further comments. Day cares are mostly just professional baby sitters. If that made it classify as a GFZ then there are a lot of independent baby sitters out there committing a felony in their own homes right now.

a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten

So for it to be a GFZ it would have to be run by the federal, state, local municipality, or a nonprofit organization. This means if they are a for-profit preschool (unless the preschool meets one of the other requirements) or day care that they are not a GFZ.

As I mentioned there is a small parking lot off the main drive/parking specifically for that building, I'd have to see the lease to find out if it is included or not. And the playground area as I mentioned.

While the "they only rent part of the building" might and should apply to the area outside the actual rented portion, I doubt it would fly in regards to the portion that they actually rent.

That section would probably apply to this particular one since it is ran by a not for profit agency. But for daycare/preschool in general they are under a different section of the definition.
(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;

Which covers daycare/preschools. And the people that own the home based daycare while not specifically listed would be able to argue that they would be covered under
IC 35-47-9-1 Exemptions from chapter
(2) A person who may legally possess a firearm and who has been authorized byA) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established under IC 20-24;
to carry a firearm in or on school property.

Otherwise, no one other than LEO could carry at any of the others listed.

And yes I know a couple of houses that have a licensed (or required to be anyway) daycare in my town. A pizza delivery driver or other delivery would be committing a felony if they were carrying and delivered there. And unless you know it is one, you can't tell by looking. No signs, etc. Well one just put up a "paths to quality" sign outside, but unless you know what that is, it doesn't tell you much.