Trespass

[JMK]

I am a board member of a non-profit charity corporation. Our yearly fundraising extravaganza at a local hotel is upcoming in July. Several years ago, a member of the Board was impeached and removed from office for misappropriation of funds. Restitution was made to avoid criminal charges.

We have learned that this individual plans to attend the fundraising event. We believe that his presence would be disruptive to events given his history with the organization. The event is held in a hotel and the organization rents the space from the hotel.

My question is this -- does the corporation have a legal right to put this individual on notice that he is not welcome to attend the events of the corporation at the hotel (or elsewhere), and would his ignoring this notice constitute criminal trespass?

Thanks in advance for your replies.

 

[Tracey]

Trespass is unlawfully entering or remaining in a building or on land. If one has been told not to enter or to leave, one trespasses by violating the order.

Yes. When you rent the hotel space, you also rent the right to decide who gets to enter the space you rented. Note that you have not rented the lobby, so he can stand out there in front of the meeting room or hotel and rabble rouse all he likes (although the hotel will probably make him leave). You have 2 options:

1. Write him and tell him his presence is not welcome at the meeting & you'll press trespassing charges against him if he shows up. Have the hotel write him a similar letter telling him he is not allowed on hotel grounds from July x-y. Send him both letters certified, return receipt required. Take copies to the event to show police when you have him arrested.

2. If you think the letters won't suffice, apply for a restraining order from the court forbidding him from "disrupting" the event. The court may not issue the injunction on first amendment grounds, but you can try.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.