Close Call At Chuck E. Cheeses Pizza

[Rookie]

What about contractual interest? Doesn't that have any bearing?

 

[Denny347]

What about contractual interest? Doesn't that have any bearing?

In the context of criminal trespass, "contractual interest," refers to the right to be present on another's property, arising out of an agreement between at least two parties that create an obligation to do or not to do a particular thing.
Contractual Interest Law & Legal Definition

 

[Indy317]

What about contractual interest? Doesn't that have any bearing?

Yes it would, however this is a case where what one says might play a major part on if they are charged. I will try to find an appeals case that may deal with a similar issue. The issue of signs and trespassing isn't a common issue. There are only three cases that I can recall (two of which were co-defendants concerning the same incident).

A similar situation we might find would be as follows: Someone is verbally told to stay off the property, or they are given a written notice to stay off the property. Another agent, not having knowledge of the prior denial of entry, does nothing after seeing the person on the property. The person purchases items/services from this agent, or even another who doesn't know, and continues to be on the property.

Is there a contractual interest? Yes. Would it matter if the person wasn't open about having been told by another agent they could be on the property? I don't know, and thus would be an issue debated in the courts. I could also see some debate about types of agents. A low level employee tells someone they can't come back, but doesn't tell the owner. The owner then engages in business with the person, who doesn't tell the owner they were banned. Or, they call up and just plainly ask "Can I come to the business?" without advising the owner/head supervisor they were banned.

Not sure if anything like this has played out in an appeals case. I have read cases where people are trespassed from apartment complexes, and having an occupant invite you to their apartment isn't a defense for the crime. I do think the courts specifically stated that is because we can't teleport directly from a public sidewalk into person's apartment. If a person is found inside an apartment then they had to enter the general, open to the public property that surrounds the living area of the dwelling.

 

[joshuametivier]

The law states that you are responsible for ascertaining any possible clues ie; signs or stickers posted at entrances that do not allow firearms on private property.

 

[E5RANGER375]

well since my daughter likes that **** hole, I have to go there. im packing and they can ask me to leave if they can see it. they wont see it, and unless they want the liability of making their customers lift their shirts or empty their pockets they never will see it. its not about being a bad ass with a gun, its about being able to protect my family from the other nut job customers in their establishment. going there on the weekend is like cruising through a ghetto block party

 

[Indy317]

going there on the weekend is like cruising through a ghetto block party

Unfortunately, Chuck E Cheese can be as bad as some thug night clubs. That place doesn't get a "recommended carry" label, it appears now it is a "must carry." And really, it shouldn't even be an issue, as most Chuck E Cheeses are a "no go" during certain time frames. During the week, when school is in session is a good time to go. Avoid weekends like the plague. :

http://www.youtube.com/watch?v=ohii4pbXxi8

http://www.youtube.com/watch?v=kIH9D6ftMpI

http://www.youtube.com/watch?v=eXV4VVibDS4

http://www.youtube.com/watch?v=tqNr2p1xVv0

http://www.youtube.com/watch?v=ub-LF_nGHCQ

http://www.youtube.com/watch?v=BxtlkltIETg

http://www.youtube.com/watch?v=AmmX7DYCZNE

Follow-up to the above video:
http://www.youtube.com/watch?v=_ch2GThZP8E

http://www.youtube.com/watch?v=cyZ8htA-IZ8

http://www.youtube.com/watch?v=SvkuKc_YJ5c

http://www.youtube.com/watch?v=Cb8NPNQwebA

Does anyone really think there is a future left for the US of A as it stands now?

 

[E5RANGER375]

Does anyone really think there is a future left for the US of A as it stands now?

not as long as we keep paying for these low lifes to keep breading and eat.

take away welfare and maybe our country will survive after the fools die off

 

[Brick House]

That is exactly why I dont go to the Chuck E. Cheese on W. 38th Street. Not long ago the guy in the Chuck E. Cheese costume was arrested for molesting, and touching the children in the resturant.

 

[Hammerhead]

The law states that you are responsible for ascertaining any possible clues ie; signs or stickers posted at entrances that do not allow firearms on private property.

Cite please?

 

[rugertoter]

Going to Chuck E. Cheese is punishment enough. Going to Chuck E. Cheese on East Washington street is sadomachoism.

They should check you for a handgun at the door at that Chuck E. Cheese, and issue you one if you don't have one.

That was funny. I remember when our kids were young and we HAD to go to that stupid place. I still have bad dreams!

 

[jsgolfman]

The law states that you are responsible for ascertaining any possible clues ie; signs or stickers posted at entrances that do not allow firearms on private property.

As mentioned above, cite please. There is no such law.

 

[Kirk Freeman]

Hey, Kirk, what's contractual interest? Ah, glad you asked as this just came up at work.

A “contractual interest,” as it is used in the criminal trespass statute, refers to the right to be present on another's property, arising out of an agreement between at least two parties that creates an obligation to do or not to do a particular thing. Taylor v. State, 836 NE2d 1024 (Ind. Ct. App. 2005).

 

[theweakerbrother]

Thanks, Kirk!

 

[Fargo]

I took a pic of the sIgn last time I carried in there.

With that sign worded the way it is, ie: referencing trespass, I think it likely you could be successfully prosecuted for violating even without being first asked to leave.

I don't see how walking in the door and buying tokens and pizza creates a contractual interest IN THAT PROPERTY. Your contractual interest is in the pizza and tokens.

Best,

Joe

 

[Kirk Freeman]

What about my right to skee ball floating about in the penumbra?

 

[Kirk Freeman]

As mentioned above, cite please. There is no such law.

You mean other than Criminal Trespass???

I think it likely you could be successfully prosecuted for violating even without being first asked to leave.

Potentially, but have you had it prosecuted down there? In my 15 years have not seen a gun trespass. But I don't know it all . . . just ask any ex-girlfriend.

 

[E5RANGER375]

if you keep it covered, they wont know what is there. even if they see a lump it doesnt mean its a gun. so if they call the cops, even they cannot see a gun and have no right to even ask for your ID. at that point if your asked to leave you leave. simple. But I wont be bullied by cops or kids that work at a pizza place. these anti-gun signs will have no effect on my carry.

 

[jsgolfman]

You mean other than Criminal Trespass???



Potentially, but have you had it prosecuted down there? In my 15 years have not seen a gun trespass. But I don't know it all . . . just ask any ex-girlfriend.

I was particularly speaking to the part that it is my responsibility to search for stickers, signs, etc. I understand it may be splitting hairs. The notice must be prescribed by law or likely to come to the attention of the public. So, if the sign is posted at the front of the store, as indicated by the pic above, then I would say that you could be prosecuted just for entering. If it wasn't posted in that manner, say a small sticker or handwritten note somewhere inside the store, then I wouldn't think it would be considered good.

 

[Brick House]

The sign is in the front before you go in, BUT I didnt notice it on the way in, my wife saw it on the way out, after I had already been ther for 2 hours. So it is possible to go in not knowing about their rules.

 

[ATM]

So Chuck will treat you as a trespasser for violating their rule.

ooooooooh... how scary!

That certainly doesn't mean you meet the requirements to be charged with criminal trespassing.