Private Entity Leasing Government Property

[gh1950]

What case is that? Names? Docket number?
Is it a gun case, or an Open Records Act case?

http://www.alston.com/files/Publica...5 Georgia Hospitals Open Records Requests.pdf

Petition for writ of certiorari pending.

 

[gh1950]

Referring to Northside Hospital, I haven't read petitions for writ, but I thought this issue was put to rest decades ago in an open records case vs. the UGA Athletic Assoc. which leases Sanford Stadium. Court had no problem finding that the Assoc. a private corp., was subject to the GORA. In fact, just this year, the "Kirby Smart" amendment was added to the GORA

 

[GAgunLAWbooklet]

At public parks all around Atlanta, I see athletic fields and facilities that are under management of some private association or non/govt entity. Baseball fields will have a sign saying this field provided only for the use of the Joe Blow County Little League Association. Soccer fields will be built on public parks but funded with private money by a for-profit youth soccer Association .

What if those associations and groups put up their own no weapons policy and say "hey the government owns the land but we developed the field, we arranged for all the games, we recruited the players, we designed and sold the uniforms, and WE are making the no guns rule?

 

[gh1950]

At public parks all around Atlanta, I see athletic fields and facilities that are under management of some private association or non/govt entity. Baseball fields will have a sign saying this field provided only for the use of the Joe Blow County Little League Association. Soccer fields will be built on public parks but funded with private money by a for-profit youth soccer Association .

What if those associations and groups put up their own no weapons policy and say "hey the government owns the land but we developed the field, we arranged for all the games, we recruited the players, we designed and sold the uniforms, and WE are making the no guns rule?

Seems to me that real relief will need to come from the legislature, and not the courts.

 

[GAgunLAWbooklet]

And, now the Ga. Court of Appeals has ruled for the Botanical Gardens, finding that their lease of government-owned land makes that land and the buildings "private property" for as long as the lease lasts.

http://www.gaappeals.us/docket/results_one_record.php?docr_case_num=A17A1639

Therefore, the Gardens, as the operator of the facility and maker of the Rules there, CAN make and enforce a gun ban on visitors.

 

[GAgunLAWbooklet]

I wonder how far the anti-gunners could exploit this? What if a current government owned and operated facility decided to terminate its own employees that manage the place, and rehire them as 1099 independent contractors, under a contract with the government to provide the same management and administrative services at that facility as they had already been doing for years?

If those former government employees, who are now in private business for themselves as independent contractors, came up with a gun ban could they enforce it at this facility, and argue that the entire property has now become private because it's under private management ?

Or would the government also have to create a leasehold interest and transfer a lease of the real property to that new private entity, not just change the employment status of the staff? I HOPE a lease will always be required, and a long-term one like the Garden has (50 years).

 

[gh1950]

I wonder how far the anti-gunners could exploit this? What if a current government owned and operated facility decided to terminate its own employees that manage the place, and rehire them as 1099 independent contractors, under a contract with the government to provide the same management and administrative services at that facility as they had already been doing for years?

I'm wondering about all the performance venues. Whoever or whatever is going on there "leases" at least part of the premises for the duration of the event.

Plus you have structures like parking decks that are leased to an operating company.

Legislature needs to deal with this.

 

[tmoore912]

January 7th, 2019 -

This morning the Supreme Court of Georgia granted GeorgiaCarry.Org's petition for certiorari in the Botanical Garden case.

Supreme Court of Georgia website - https://www.gasupreme.us/granted-denied-petitions/2019-granted/

"SUPREME COURT OF GEORGIA Case No. S18C1149
Atlanta, January 07, 2019

The Honorable Supreme Court met pursuant to adjournment. The following order was passed.

GEORGIACARRY.ORG, INC. et al. v. ATLANTA BOTANICAL GARDEN, INC.

Court of Appeals Case No. A17A1639

The Supreme Court today granted the writ of certiorari in this case. All the Justices concur, except Melton, C. J., Benham, and Peterson, JJ., who dissent. Ellington, J., disqualified.

This case will be assigned to the April 2019 oral argument calendar automatically under Supreme Court Rule 50 (2), as amended September 13, 1996. Oral argument is mandatory in granted certiorari cases.

This Court is particularly concerned with the following issue or issues:

Whether OCGA § 16-11-127 (c) permits a private organization that leases property owned by a municipality to prohibit the carrying of firearms on the leased premises.

Briefs should be submitted only on these points. See Supreme Court Rule 45."

 

[tmoore912]

OCGA 16-11-127(c)

(c) A license holder . . . shall be authorized to carry a weapon . . . in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.

The Legislature in 2014 changed OCGA 16-11-127(c) to add the word "private" in front of property 3 different times. They did this to show they only wanted those in control of leased private property, not leased public poverty, to be able to exclude or eject a person who is in possession of a weapon or long gun.

HB 60 - 2014 Lines 182 to 190 http://www.legis.ga.gov/Legislation/en-US/display/20132014/HB/60

 

[alnen]

January 7th, 2019 -

This morning the Supreme Court of Georgia granted GeorgiaCarry.Org's petition for certiorari in the Botanical Garden case.

Supreme Court of Georgia website - https://www.gasupreme.us/granted-denied-petitions/2019-granted/

"SUPREME COURT OF GEORGIA Case No. S18C1149
Atlanta, January 07, 2019

The Honorable Supreme Court met pursuant to adjournment. The following order was passed.

GEORGIACARRY.ORG, INC. et al. v. ATLANTA BOTANICAL GARDEN, INC.

Court of Appeals Case No. A17A1639

The Supreme Court today granted the writ of certiorari in this case. All the Justices concur, except Melton, C. J., Benham, and Peterson, JJ., who dissent. Ellington, J., disqualified.

This case will be assigned to the April 2019 oral argument calendar automatically under Supreme Court Rule 50 (2), as amended September 13, 1996. Oral argument is mandatory in granted certiorari cases.

This Court is particularly concerned with the following issue or issues:

Whether OCGA § 16-11-127 (c) permits a private organization that leases property owned by a municipality to prohibit the carrying of firearms on the leased premises.

Briefs should be submitted only on these points. See Supreme Court Rule 45."

Ooooooooh! I'm looking forward to this.