West Lafayette bans “weapons” from Wellness Center

[Leo]

They had me at wheeled footwear

I really enjoyed roller blades in the late 80's (hey, look at that old man! ) I was about 55 when I saw those kids shoes with wheels. If they made them in size 12 extra wide, I would have bought them, they looked fun.

 

[DoggyDaddy]

I stand corrected! @Username shows up as a mention under alerts (the bell up there to the right.) @DoggyDaddy may be right on the reply alert taking precedent.

It worked!

 

[KellyinAvon]

It worked!

View attachment 157818

Success!! It seemed like you have to click the username that populates as you type to get it to work right.

 

[1nderbeard]

I didn't think city departments had any authority legally to declare gun free zones. They can kick you out, but their junction has no legal merit.

 

[KellyinAvon]

I didn't think city departments had any authority legally to declare gun free zones. They can kick you out, but their junction has no legal merit.

Indiana's preemption statute has a few caveats, but this isn't one. A "political subdivision", oh heck here's a copy/paste/citation. That's easier.

IC 35-47-11 1-2

Except as provided in section 4 of this chapter, a political subdivision may not regulate:

(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories;  and
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-47-11-1-2.html

 

[WebSnyper]

Indiana's preemption statute has a few caveats, but this isn't one. A "political subdivision", oh heck here's a copy/paste/citation. That's easier.

IC 35-47-11 1-2

Except as provided in section 4 of this chapter, a political subdivision may not regulate:

(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories;  and
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-47-11-1-2.html

Yep, when the Avon town park, and Washington township park put up signs, I sent emails back in like 2012 to the directors of both parks, and got it handled quite quickly, by quoting the IC and letting them know the potential liability that they were opening their respective departments, and the town, etc to if there was any attempt to enforce it. Town of Avon responded quickly, handled the signs very quickly. The parks director for Washington township was a little slower and tried to give me "think of the children" line but also took care of the signs after getting a nudge from the director from Avon.

I'd start with emails to the director of the parks department that handles the facility and escalate from there. Most of them want nothing to do with potential liability should some parks employee, or other town employee try to enforce the sign.

No lawyer needed. Now if they tried to enforce the sign on you, and you were going to file suit, then yes, lawyer needed.

 

[KellyinAvon]

Yep, when the Avon town park, and Washington township park put up signs, I sent emails back in like 2012 to the directors of both parks, and got it handled quite quickly, by quoting the IC and letting them know the potential liability that they were opening their respective departments, and the town, etc to if there was any attempt to enforce it. Town of Avon responded quickly, handled the signs very quickly. The parks director for Washington township was a little slower and tried to give me "think of the children" line but also took care of the signs after getting a nudge from the director from Avon.

I'd start with emails to the director of the parks department that handles the facility and escalate from there. Most of them want nothing to do with potential liability should some parks employee, or other town employee try to enforce the sign.

No lawyer needed. Now if they tried to enforce the sign on you, and you were going to file suit, then yes, lawyer needed.

You did that! I remember seeing them and thinking about emailing them. A couple days later they were gone. I wondered if they got the hint on their own. what was I thinking?

 

[cobber]

Yep, when the Avon town park, and Washington township park put up signs, I sent emails back in like 2012 to the directors of both parks, and got it handled quite quickly, by quoting the IC and letting them know the potential liability that they were opening their respective departments, and the town, etc to if there was any attempt to enforce it. Town of Avon responded quickly, handled the signs very quickly. The parks director for Washington township was a little slower and tried to give me "think of the children" line but also took care of the signs after getting a nudge from the director from Avon.

I'd start with emails to the director of the parks department that handles the facility and escalate from there. Most of them want nothing to do with potential liability should some parks employee, or other town employee try to enforce the sign.

No lawyer needed. Now if they tried to enforce the sign on you, and you were going to file suit, then yes, lawyer needed.

Could work. Mind you most WLAFians are relying on the fact that they live in WLAF to keep them safe.

 

[Kirk Freeman]

Paging Mr. Freeman. Mr. Kirk Freeman.

Look, it was drill weekend, catching up.

I will have answer today.

 

[Kirk Freeman]

Before I e-mail Eric, where exactly is this, cobber?

 

[cobber]

Before I e-mail Eric, where exactly is this, cobber?

This is the new Wellness Center in Cumberland Park, between Salisbury, Kalberer and Cumberland. The street address is 1101 Kalberer Rd.

Used to be soccer fields and a community garden, but now a monument to government, like the zeppelin field in Nuremberg...

https://www.westlafayette.in.gov/department/index.php?structureid=277 (includes a 'code of conduct' with no mention of weapons at all)

The sign was still up as of Saturday, AFAIK it's been there since the center opened.

 

[Kirk Freeman]

Thanks, I'll e-mail Eric today!

9:03AM E-mailed him with copy of the photo of the rules.

 

[Tactically Fat]

I've got no skin in this game...

But isn't there already legal precedent here in IN that as long as the political subdivision doesn't attempt any enforcement of it that there's nothing that will be done? And that just having the wording on the sign isn't against the IC?

Pretty sure there's an INGOer that was party to a lawsuit over something like this in NWI - and lost because the sign wording wasn't being enforced; it was just wording on an older sign.

Someone please correct me if I'm wrong.

 

[eldirector]

I've got no skin in this game...

But isn't there already legal precedent here in IN that as long as the political subdivision doesn't attempt any enforcement of it that there's nothing that will be done? And that just having the wording on the sign isn't against the IC?

Pretty sure there's an INGOer that was party to a lawsuit over something like this in NWI - and lost because the sign wording wasn't being enforced; it was just wording on an older sign.

Someone please correct me if I'm wrong.

I recall that as well. The legal definition of "enforce" is very different than the dictionary definition, at least in NWI.

 

[Kirk Freeman]

Word back from WL city attorney: Under review.

 

[Bigtanker]

South Bend has this on their public park signage. It was fought and they lost. They never changed the signs.

 

[WebSnyper]

I've got no skin in this game...

But isn't there already legal precedent here in IN that as long as the political subdivision doesn't attempt any enforcement of it that there's nothing that will be done? And that just having the wording on the sign isn't against the IC?

Pretty sure there's an INGOer that was party to a lawsuit over something like this in NWI - and lost because the sign wording wasn't being enforced; it was just wording on an older sign.

Someone please correct me if I'm wrong.

That was my understanding from the time I reviewed it, and why I took the tact of potential liability if someone "tried" to enforce the signs, etc when it was an issue at our parks.

I believe there was an INGOer who won a lawsuit and received a settlement based on a circumstance where there was an enforcement attempt.

 

[actaeon277]

That was my understanding from the time I reviewed it, and why I took the tact of potential liability if someone "tried" to enforce the signs, etc when it was an issue at our parks.

I believe there was an INGOer who won a lawsuit and received a settlement based on a circumstance where there was an enforcement attempt.

a city owned zoo

 

[WebSnyper]

a city owned zoo

Yep, thought I remembered it being a Zoo. I remember the INGOer's username now, but don't want to post it in case he'd rather have it not broadcast again.

 

[Kirk Freeman]

West Lafayette city attorney offered alternatives. I found none optimal.

We are having lunch later this week. I am billing rhino.