Posted on 08/01/2008 5:57:51 AM PDT by marktwain
The Florida Chamber of Commerce and The Florida Retail Federation argued for three years that business owners had an absolute right to control their employees. That's why they kept calling it the "take-your-guns-to-work" legislation.
They claimed they could search employee vehicles and ban firearms from those vehicles in the employer's parking lot. They claimed businesses didn't care if customers had guns in cars, they only cared about their right to control employees. When the legislature passed the law protecting the rights of workers, The Florida Chamber of Commerce and the Florida Retail Federation filed a lawsuit in federal court asking the Court to throw out the law.
They argued that the law requiring businesses to allow guns in vehicles in their parking lots constituted an unconstitutional "taking" of their property. In court, the federal judge ruled against them – THEY LOST.
They argued that OSHA regulations require them to provide a safe work environment for their workers, which required them to bans guns in parking lots to comply with OSHA requirements. In court, the federal judge ruled against them – THEY LOST.
They argued that, as employers, they had an absolute right to control the conduct of their employees and could ban guns from employee vehicles in company parking lots while employees were at work. In court, the federal judge ruled against them – THEY LOST.
Those are the three points argued by the Chamber and the Retail Federation. THEY LOST ON ALL THREE POINTS.
At the hearing and in his ruling, the judge complained about language drafted by the legislature saying that it doesn't give businesses clear guidance on whether the laws allows business owners to ban customers from having guns in their cars in parking lots. Rather that clear up the confusion according to the intent of the legislature, he ruled that businesses can prohibit customers from keeping guns in their in the parking lot.
CURRENT STATUS:
The judge upheld the new NRA-supported law.
If a business has a gun ban policy, employees who possess a valid Concealed Weapons License are exempt from the gun ban policy and cannot be fired for exercising their gun rights.
If a business has a gun ban policy and no employee has a valid CW license, then that business can also ban customers from having guns locked in their vehicles in the parking lot while they shop or conduct business.
A business may not search vehicles to see if a person has a firearm; may not ask if a person has a firearm in the vehicle; may not ask if a person has a CW license.
PRACTICAL EFFECT:
Before the law passed, employees had no protection from anti-gun employers. They had no recourse. They had to give up their firearm and self-defense rights or be fired. They now have protection. WORKERS WON – BUSINESS LOBBY LOST
Due to the judge's ruling based on inartful language, business owners can post signs notifying customers that they are prohibited from having firearms locked in their vehicles while in the parking lots. CUSTOMERS DON'T HAVE TO PATRONIZE A BUSINESS THAT DOESN'T RESPECT THEIR RIGHT TO KEEP A GUN IN THEIR CAR – THEY CAN SPEND THEIR MONEY ELSEWHERE – CUSTOMERS WIN – BUSINESS LOSES
Spokespersons for the Florida Chamber and the Florida Retail Federation are claiming victory, praising the judge for ruling that businesses can keep customers from having firearms in their vehicles in parking lots. It remains to be seen if business owners will agree that they won anything. They probably wish the Florida Chamber and the Florida Retail Federation would just shut up and quit alienating customers.
Our position is: Big Business lost. The People won.
- National Rifle Association & Unified Sportsmen of Florida -
What are the OSHA guidelines that companies think they’re complying with by banning guns?
You buy your employees’ labor. You’re not entitled to their constitutional rights as well.
Disney won’t like this one bit.
Disney has an exception as I recall, based on the fact that the corporation has an FFL for the fireworks they use in their shows. The Mouse runs the FL legislature.
What if you work for the Post office?..................;^)
sounds like they don’t want customers
With "Employment at Will", they do not even buy it-The just rent it.
Yup. Anyone who crosses the Mouse risks being found in bed with a dead girl or a live boy.
Limits on exposure to fast-acting lead.
≤}B^)
Good point.
On this, we agree. ;-)
Good news for Floridians. There was a similar lawsuit against one of the big oil companies in Texas (was it Conoco-Phillips?) concerning guns in your car while parked on a company-owned parking lot.
Does anyone know what became of this lawsuit, or is it still pending?
So, what does that do to or for the fired Disney employee? —or was that Disneyland in Cali?
Neither will Conoco-Phillips and others in Oklahoma.
AOL in Utah.
Other states have pasted laws protecting employee's right to keep a gun in their personal autos.
If this goes to The Federated Courts level it could effect employers in several states.
Does anyone know what became of this lawsuit, or is it still pending?
It was posted here on FR that Conoco-Phillips (Oklahoma) had won at the first level of the federal courts.
Appealed to a higher court????
Business are just conservative, heartless right-wingers, say, like George Soros. Yeah, that’s the ticket.
USPS continues to violate the civil rights of it's employees, and customers.
They hate being reminded of it.
Too bad it took me forty years too long to finally figure it out! :-)
The General Duy Clause.
It is the catch all clause.
Section 5a if I recall.
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