Black man blocked from entering NJ gym where hes a paid member and even the cops are confused

[EffieBlack]

159. Here you go

But now you're being ridiculous.

The Pennsylvania law doesn't say, nor did I claim it says, "officers are allowed to not enforce the laws if they don’t like how the policy is set." But as a former deputy, surely you know that officers DO have a duty to confirm they have probable cause under the law to make an arrest. And unless the elements of the crime upon which they are basing the arrest are met, there is no probable cause.

"where they are allowed to refuse to enforce the law when called if they don’t think the complainant has done everything fair?" Since I never made such a claim, I'll just leave this comment over in the pile of straw where it belongs.

"Can you show me the exception to the trespassing law in PA that says “if other people didn’t get asked to leave then I can stay against the property owners wishes”?" Of course not, because, again, I never made such a claim.

But I can show you the part of the law that says that a "property owners' wishes" are not the determinant of whether a person can enter into or remain on property open to members of the public - and that a person is not guilty of defiant trespassing if "the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises"- and since the manager did not present a shred of proof that the no buy no sit rule was "a lawful condition imposed on access to or remaining in the premises" and, in fact, there was plenty of contrary evidence showing that there was no such rule. Since the men cannot violate a condition that did not exist, there was no probable cause to arrest them. AS THE DA LATER CONFIRMED.


http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.035.003.000..HTM