Private property question

[Snowdogs]

I was reading joecooltech's Best Buy post and didn't want to hijack it for this question. Many referred to entering a business as private property. What makes this private property? Here is the basis for my question, using ABC sales as my example.

ABC owns the land and building making it theirs. Doesn't it become public when they open their doors for the general public to enter?

ABC leases the building and land for a retail store. Wouldn't the building owner need to be the one that would restrict the access?

Lastly if ABS is restricting your access to their building because they don't allow firearms on their premises then wouldn't the same be said about their parking lot or any other common areas on the land they either own or lease?

I'm probably wrong here but my understanding of the difference between private and public is if anyone can walk into your building then it is a public place. Private is a private home, garage, car. Once you open your area up it becomes public.

I'm asking because I don't know, not to stir up anything. Knowledge is power.

thank you

[streaker69]

A store is private property that allows the public to enter based upon the conditions set by the store. If they want, they could tell you to wear a blonde wig and pink dress and go by the name of Zorro for entry. Not exactly a wise business move, but they could do it.

The same would hold true for parking lots.

[Adam-12]

What Streaker said. The fact that you let people in, doesn't give them the right to start dictating how you get to use your property.

The same reasoning as yours was used to justify anti-discrimination laws. That's a shame. Forcing a racist asshole to accommodate people is no different than forcing your asshole neighbor to invite you to his party. It's wrong. The fact that the assjole is an asshole doesn't Mae it any less wrong.

[knight0334]

Public property is when it is owned or held in trust for the people by a government entity.

Private is when it is owned by an individual, a corporation, a trust, a partnership, etc.

Just because a business allows people to enter it doesnt make it public property. This includes their parking lots too.

When someone leases property from another individual the gain some rights and the property owner gives up some rights, most are determined by the contract or agreement.

[twency]

My comments in red.

I was reading joecooltech's Best Buy post and didn't want to hijack it for this question. Many referred to entering a business as private property. What makes this private property? Someone other than the government owns the land and building.

Here is the basis for my question, using ABC sales as my example.

ABC owns the land and building making it theirs. Doesn't it become public when they open their doors for the general public to enter?
No

ABC leases the building and land for a retail store. Wouldn't the building owner need to be the one that would restrict the access?
Either or both of the owner and leaseholder could set limitations on access. If they disagreed with each other they would have to work it out between themselves.

Lastly if ABS is restricting your access to their building because they don't allow firearms on their premises then wouldn't the same be said about their parking lot or any other common areas on the land they either own or lease?
The property owner and/or leaseholder is allowed to restrict your access to any part of their private property.

I'm probably wrong here but my understanding of the difference between private and public is if anyone can walk into your building then it is a public place.
You're wrong. The difference between private and public property is that private property is owned by one or more individuals or legal entities who are not the government. Public property is owned by the government. I think you're confusing "public property" with "property which is open to the public". They aren't the same thing.
Private is a private home, garage, car. Once you open your area up it becomes public. No, once you provide an invitation to the public your property becomes a place of "public accommodation", one which is privately held but welcomes the public. In places of public accommodation you are legally barred from discriminating against members of the public based on their being part of a "protected class" (typically race/creed/ethnicity/religion/country of origin), but you are free to discriminate on other bases.

I'm asking because I don't know, not to stir up anything. Knowledge is power.

thank you

[Snowdogs]

Thanks guys, makes sense in a way. I never gave it much thought till I read a couple posts and that got me thinking, which is dangerous.

[renalp]

Yeah, the general principle is that members of the public are guests by permission on privately owned property. Religious and other groups have sued, seeking to solicit in malls, etc, on the grounds that these are "de facto town squares," but I don't think any of those suits have succeeded.

Now, about that other thing....

The same reasoning as yours was used to justify anti-discrimination laws. That's a shame. Forcing a racist asshole to accommodate people is no different than forcing your asshole neighbor to invite you to his party. It's wrong. The fact that the assjole is an asshole doesn't Mae it any less wrong.

OK, since you chose to bring up a racial angle in a completely unrelated topic, I'll bite.

Suppose you went into the hospital ED, not breathing, and some racist asshole doctor declined to treat you because of your race. As long as it's a privately owned hospital, you should be totally OK with that, right?

Just wondering if you're consistent in your stated beliefs.

[Deleted]

Yeah, the general principle is that members of the public are guests by permission on privately owned property. Religious and other groups have sued, seeking to solicit in malls, etc, on the grounds that these are "de facto town squares," but I don't think any of those suits have succeed efs.

I'll have to see if I can find it....but it means nothing unless you live in Allegheny County... but DA Zapala wrote an opinion to us last year that first amendment rights trump private property rights in his opinion. We had an issue with picketers coming to a shopping center and the property owner wanting them removed. Could be used as basis for 2A argument.

[ungawa]

OK, since you chose to bring up a racial angle in a completely unrelated topic, I'll bite.

Suppose you went into the hospital ED, not breathing, and some racist asshole doctor declined to treat you because of your race. As long as it's a privately owned hospital, you should be totally OK with that, right?

Absolutely.

If a doctor does not want to treat me because I am white, or because I am Christian, or because I am balding, is there any law that would force him to treat me? Is there any law that would force him to treat me because I am black and moslem? Is there any law forcing a doctor to treat anyone?

There certainly shouldn't be.

By the way, you brought up life-saving medical treatment as a completely unrelated topic.

[Rimfire]

Yes, the doctor would have to treat you, although I'm not sure I would want him to treat me.

There are anti-discrimination laws. If you provide a service you cannot exempt people from you providing the service to based on race, religion etc... If you want to sell your home, you have to sell it to the person that pays your asking price.

A store cannot post a sign that says no jews, or catholics, or blacks, or Asians, etc.

It can post a sign no person without shoes, or no person with gun, etc.

And at the same time, you can have a policy at your home that no one can enter without a firearm. In fact, there is an ordinance in Kennesaw GA. that every homeowner has to have a gun.