Can A Group Be Prevented From Loitering in an Airport Lobby?
Full Question:
Answer:
You may need to show a contractual right for the use of the property if the property is owned by another entity. The answer will depend in part on whether the property is privately or publicly owned. Government entities may make reasonable content-neutral restrictions on the time, place, and manner of a speech or assemblage, even in a traditional public forum. This action directly affects the rights of assembly, since a government entity may restrict the time and place where an assembly may take place, as well as the manner in which the assembly occurs. The restrictions must be reasonable and narrowly tailored to meet a significant government purpose. The government entity must also leave open ample channels for interested parties that wish to communicate.
In some cases, use of another's property may give rise to a prescriptive easement through adverse possession. However, this will not apply where the use is with the property owner's permission. If a person uses another's land for more than the statute of limitations period prescribed by state law, that person may be able to derive an easement by prescription. The use of the land must be open, notorious, hostile, and continuous for a specified number of years as required by law in each state. The time period for obtaining an easement by adverse possession does not begin to run until the one seeking adverse possession actually trespasses on the land. The use of the easement must truly be adverse to the rights of the landowner of the property through which the easement is sought and must be without the landowner's permission. If the use is with permission, it is not adverse.
The Supreme Court has held that airports are not traditional public forums, so government may make certain reasonable restrictions on assembly and speech rights in these areas. Courts have reached different conclusions with respect to other centers of public transportation, such as bus terminals, railway stations, and ports.
Loitering is primarily governed by statute and local ordinances. I suggesting contacting the local city law department to inquire about applicable ordinances. Many states, cities and towns there are statutes or ordinances against loitering which aim to control aggressive begging, soliciting prostitution, drug dealing, blocking entries to stores, public drunkenness or being a public nuisance. Under such laws, the police can arrest someone who refuses to "move along." These laws are sometimes the subject of controversy by critics who claim they are used to target disfavored groups in violation of their constitutional rights.
The following is an example of a state loitering statute:
"A person commits the crime of loitering if he:
1.Loiters, remains or wanders about in a public place for the purpose of begging; or
2.Loiters or remains in a public place for the purpose of gambling; or
3.Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse; or
4.Being masked, loiters, remains or congregates in a public place; or
5.Loiters or remains in or about a school, college or university building or grounds after having been told to leave by any authorized official of such school, college or university, and not having any reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there, and not having written permission from a school, college or university administrator; or
6.Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services; or
7.Loiters or remains in any place with one or more persons for purpose of unlawfully using or possessing a dangerous drug."
This is an example of a Massachusetts statute which deals specifically with loitering in areas of public transportation:
"Whoever without right enters, remains in or loiters within a station, waiting room, or terminal of a public transportation facility, or upon the platform, stairs, grounds or other premises of a public transportation facility, after having been forbidden so to do either by notice posted thereon, or by the person who has the lawful control of said premises, or by a railroad, railway or railway express officer or by any police officer, shall be punished by a fine of not more than one hundred dollars and may be arrested without a warrant by such officer and kept in custody in a convenient place, not more than twenty-four hours, Sundays and legal holidays excepted, at or before the expiration of which time he shall be taken before a proper court or magistrate and proceeded against according to law."
