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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Asked to get off public property in Topeka,KS while handing

Customer Question

Asked to get off public property in Topeka,KS while handing out Bernie Sanders leaflets .. plainclothes men told me the ppl running the show in the auditorium didn't wt me here and they made the property chg fr public to private.. I read the city code/Topeka and it shouldn't matter.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your post. Please permit me to assist you with your concerns.

What specifically is your question, please? How can I assist you?

Customer: replied 1 year ago.
Do I hv to get off the property if the TopekaCity Codes say I don't hv to?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

If the property is closed off to a private event, then yes. Likewise, you would need to get off the property if you are seen as creating a nuisance or otherwise violating city codes. I agree that if property is 'public' there is no claim for trespass, at least not usually, but if that property is being used for a private event, then you can be barred from appearing.

A good example may be a public sport field. This field is usually open to all, but if it is rented or obtained by a sports organization for their use, they can then exclude others from what would otherwise be a public venue during the scope of their exclusive use based on their agreement with the city.

Sincerely,

Dimitry, Esq.