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Cited While Volunteering

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Allderacove

Junior Member
What is the name of your state (only U.S. law)? Utah

Okay so here's my situation. I recently started doing volunteer work with an animal rescue group. I show up on Saturday afternoons in what we thought was a public parking lot and I walk dogs, feed and water them and answer any questions interested adopter's might have. This last Saturday the owner of a nearby business decided he did not want us on his property. (The rescue had run adoptions out of that same parking lot on previous weeks with no hassles) He came out and asked us to leave or he would call the police. I tried to talk to him and find out if we were on private properly or what his reason was for wanting us to leave but he would not talke to us on a rational level just kept telling us we needed to leave. He ended up calling the police to come kick us out. The owner of the rescue was out of town this past weekend so everyone there were simply volunteers. Since she wasn't there to talk to the cop and take charge I got nominated to go talk to the police. Long story short he cited me for trespassing and operating a business without a license....none of which I felt I was doing with any knowledge. What do you think my chances are if I talk to the judge and explain the situation that the charges will be dropped?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Utah

Okay so here's my situation. I recently started doing volunteer work with an animal rescue group. I show up on Saturday afternoons in what we thought was a public parking lot and I walk dogs, feed and water them and answer any questions interested adopter's might have. This last Saturday the owner of a nearby business decided he did not want us on his property. (The rescue had run adoptions out of that same parking lot on previous weeks with no hassles) He came out and asked us to leave or he would call the police. I tried to talk to him and find out if we were on private properly or what his reason was for wanting us to leave but he would not talke to us on a rational level just kept telling us we needed to leave. He ended up calling the police to come kick us out. The owner of the rescue was out of town this past weekend so everyone there were simply volunteers. Since she wasn't there to talk to the cop and take charge I got nominated to go talk to the police. Long story short he cited me for trespassing and operating a business without a license....none of which I felt I was doing with any knowledge. What do you think my chances are if I talk to the judge and explain the situation that the charges will be dropped?
50/50, more or less.

Seriously, there is no way we could predict this for you.
 

tranquility

Senior Member
The business without a license is something where more facts are needed, but it seems you were trespassing. He doesn't have to define his property or tell you why he doesn't want you there, if he tells you to go and you don't you better be sure you're not on his property.

That is the only issue. Did he have possession of the place you were on? I bet he did.
 

Hot Topic

Senior Member
Does the animal rescue group have permission in writing to use the lot? If it's a public parking lot, I suspect they don't. The business owner has the right to call the police if he believes that a group has "appropriated" the place where his customers would normally park.

You should have left the moment you were told to, then discussed the situation with the person in charge of the rescue when she got back to town. You were annoyed because your questions weren't being answered, so you moved your mouth when you should have moved your feet.
 

Allderacove

Junior Member
Thanks for the info! :) Does the fact that I was just a volunteer change anything? I honestly did not know I was doing anything wrong by staying. I was going on the fact that the rescue had been there previously and had not had any problems and assumed that once the police came I could simply clarify as to whether or not the manager of the restaurant even had the right to kick us off and when we found out he did we were more than happy to pack up and leave. Another issue is that I am not in any way shape or form directly affiliated with that rescue other than doing some volunteer work. I was not "in charge" of anything and I had no power to move most of the stuff they had there as it was on a trailer belonging to another volunteer. Another question - how come if they can cite me....a volunteer they didn't cite the other two volunteers who were there with me? I get nailed simply becuase I wasn't afraid to talk to a cop? I have nothing to hide. Why would I have stuck around and talked to the cop if I was aware or even thought for a second I was doing anything illegal?
 

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