midnightsadie wrote:
time to get the torch out.
Yep ;)
I wonder which "you don't have the right to damage my property" claim will prevail- the boot company owner, or the truck driver?
IMHO, unless egregious behavior, a warning and ability to drive away would be required. It certainly IS REQUIRED for a tow in most states.
Even attempting to charge for trespass/defiant trespass is usually resolved by agreeing to leave vs imposing charges.
Say there is a sign that prohibits certain behavior. If you claim you didn't see it, even if police are there, and you agree to leave when confronted with your mistake, that's it. Not a good history of making overzealous charges stick (I didn't see it, how big is your sign, when is trespass now defiant trespass, etc).
I would think once a "for profit" angle is added by the towing company, a court would look even less favorably upon the situation.
Interesting situation. I believe the store and especially the towing company are operating at peril- ESPECIALLY if the vehicle operator is present at the time...in some states they could be charged with unlawful restraint (think 'repo laws' where the vehicle is even owned by a finance company who authorizes the action and still is limited to avoid a breach of the peace)
Keep us updated how this goes....