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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-03-2006, 07:33 AM
Junior Member
 
Join Date: Dec 2005
Posts: 9

Casino-Protest-Arrest


What is the name of your state? I live in FL, but this question deals with MS.

I firmly believe that I will soon be barred from at least one MS casino. My alledged "crime"
is advantage play, expert play which includes card counting is not cheating but the
casinos feel that it is. I recognize the right of any business to refuse service to any
person for any reason that does not rise to discrimination on race, sex, etc. I also
feel that I have the constitutional right to picket, petition, and protest not only government
but private property. My questions have to deal with MS 97-23-33 & MS 97-23-85 which I have copied below: SEC. 97-23-33. Interference with exercise of lawful trade or calling by printing or distributing of matter, etc.

If any person shall wilfully and maliciously print, circulate or distribute, cause to be printed, circulated or distributed, or assist in printing, circulating or distributing, in any form whatever, any matter, the purpose and design of the contents thereof being to wilfully and maliciously interfere with, or prevent another from exercising a lawful trade or calling, or engaging in a lawful business, or engaging in lawful use and enjoyment of his property, he shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than six (6) months in the county jail or be fined not more than five hundred dollars ($500.00) or both.

SOURCES: Codes, 1942, Sec. 2236.5; Laws, 1964, ch. 344, eff from and after passage (approved March 3, 1964).

SEC. 97-23-85. Unlawful restraint of trade; boycott; civil liability.

If two (2) or more persons conspire to prevent another person or other persons from trading or doing business with any merchant or other business and as a result of said conspiracy said persons induce or encourage any individual or individuals to cease doing business with any merchant or other person, and when such conspiracy is formed and effectuated because of a reasonable grievance of the conspirators over which the said merchant or place of business boycotted or against which a boycott is attempted has no direct control or no legal authority to correct, or when the conspiracy results from such alleged grievance against the merchant or other person boycotted when no notice of such grievance has been given the merchant or party boycotted and no reasonable opportunity to correct such alleged grievance has been given such merchant or other person against whom the conspiracy was formed, then each of such persons shall be guilty of the crime of unlawful restraint of trade and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than two (2) years and in addition each such person shall be liable in civil action for any damages suffered by said merchant or place of business so wrongfully boycotted and also for attorney fees incurred by said merchant or person boycotted in a civil action to recover damages.

SOURCES: Codes, 1942, Sec. 2059.3; Laws, 1968, ch. 344, Sec. 3, eff from and after passage (approved July 30, 1968).

So when and if barred, asked to leave and not return upon penalty of arrest for trespass, I intend to peacefully march up and down the public sidewalk in front of the establishment with signs that may read "DON'T PLAY HERE" or "DON'T GAMBLE HERE" or "BARRED WINNER".

In light of the two above laws and any other legal problems that you may feel pertinent what are my constitutional rights both MS and federal? Basically, can I do it with impunity?
Thanks.
  #2  
Old 11-03-2006, 07:38 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
two of the three 'signs' will land you in the middle of the statutes. The third is an exercise of your constitutional rights. Figure it out.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 11-09-2006, 10:48 PM
Junior Member
 
Join Date: Dec 2005
Posts: 9

Casino-Protest-Arrest


I apologize for the delay in responding back. Either I failed to request email notification of a response or it failed.

So, from your answer, it appears that I may comment on my status but I cannot state anything derogatory on a protest sign as to the entity I am commenting on. That could present some inventive use of the English language.

To name just two examples: if I had been gotten food poisoning in a resturant I could carry a sign on the sidewalk stating " PTOMAINE RECIPIENT" but not "DON"T EAT HERE" or "I RECCOMMEND ANOTHER RESTURANT" ? Had I been injured in a store through no fault of my own and the store refused to make it right, I could carry a sign with "INJURED CUSTOMER" but not " DON'T SHOP HERE" or "UNSAFE STORE"? A person viewing my sign would be free to infer whatever they might wish without legal responsibility on my part.

Interesting and confusing. Not even going to ask what I could legally say if an impartial person stopped to inquire or, heaven forbid, a news van pulled up! My thoughts now are hand them an attorney's card and keep on marching.

My second reading of MS 97-23-85 and a felony with harsher penalties would appear not to apply to me since one of the elements requires a conspiracy of "two (2) persons" and I would be picketing strictly by myself. Of course it would seem to include an attorney advising me, but the whole matter could be offset by giving them notice/demand to correct the transgression against me( whether they did or not is beside the point). My second reading of the other raises questions of the intended meanings as used for the wording "maliciously interfere" and "prevent" . By strict application it would appear simply printing a sign saying "ON STRIKE" with the obligatory union headings, etc would violate this law much less carrying same would violate the law. I'm not trying to "muddy the water" just trying to reason out differences/non differences.

I also make note of the dates 1942-1964-1968. Hard to believe we are still stuck back then.

If I have misinterpreted your answer or you can somehow better describe the dividing line between legal protest signs and illegal protest signs, please respond.

Also, if I brought a list of say 12 proposed sign examples to your office, what would a reasonable charge be for approval/disapproval?

Thanks.
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