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May 20, 2019, 06:26:06 am
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Author Topic: Door-to-door sales and the First Amendment  (Read 89 times)
Ed W
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« on: April 21, 2019, 04:30:46 pm »

Like many communities, Tulsa requires a permit for door-to-door sales, but those permits do not apply to religious or political speech like distributing pamphlets, etc. If asked to leave, however, someone must exit your property immediately.

Number One Son is an armed security officer patrolling various apartment properties. He's telling me the property owner can simply forbid anyone - regardless of their purpose - effectively banning political and religious contacts. Furthermore, he's saying that simply by remaining on the property, you're consenting to a search. You can leave if you don't want to be searched, but otherwise you've consented.

I looked for Tulsa ordinances, but came up empty. None of this seems right.
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Ed

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patric
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These Aren't the Droids You're Looking For


« Reply #1 on: April 21, 2019, 06:58:45 pm »

Like many communities, Tulsa requires a permit for door-to-door sales, but those permits do not apply to religious or political speech like distributing pamphlets, etc. If asked to leave, however, someone must exit your property immediately.

Number One Son is an armed security officer patrolling various apartment properties. He's telling me the property owner can simply forbid anyone - regardless of their purpose - effectively banning political and religious contacts. Furthermore, he's saying that simply by remaining on the property, you're consenting to a search. You can leave if you don't want to be searched, but otherwise you've consented.

I looked for Tulsa ordinances, but came up empty. None of this seems right.


Trust your suspicions.  The rules for media, for instance, are that they can enter an open property for lawful news-gathering purposes and if posted, seek permission, but once specifically asked to leave must do so immediately.  Remaining on the property then would be considered trespassing, at which time a security guard would call 911 and await a proper authority.  A security guard may not falsely imprison such a "trespasser" if they leave on their own.
  
Of course, catching a burglar would be different, as would any situation involving a weapon.
Number One might be confusing shoplifting with trespassing.

https://law.justia.com/cases/oklahoma/supreme-court/2003/438152.html
https://law.justia.com/cases/oklahoma/supreme-court/1949/58234.html
« Last Edit: April 24, 2019, 10:53:12 am by patric » Logged

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