Abilene, TX asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Texas

Q: What are my rights and limits when planning a protest at a Target store?

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

3 Lawyer Answers

A: If you are going alone, I would bring a video camera.

Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for people to join and listen.

No cursing, do not defame anyone, or make false accusations. If you have a few extra dollars, pay a few homeless guys to join you.

Good Luck!

A: Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public sidewalk alongside a public road in front of a Target store.

Remember that private property owners do not have to allow you to protest on their property. On private property like the parking lot and sidewalk directly in front of a Target store, you will need to secure permission from the property owner. While Target owns the majority of the real estate on which its stores are located, a couple hundred are located on real estate it leases. On leased commercial property, parking lots and exterior sidewalks are often "common areas" controlled by the landlord and not controlled by the tenant (i.e. Target).

If a representative of the owner asks you to leave, you must leave or you could be committing the crime of criminal trespass. Do not wait for police to arrive if asked to leave. It may be too late then.

https://guides.sll.texas.gov/protest-rights/organizing

James L. Arrasmith
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Answered

A: Your right to protest is protected by the First Amendment, but comes with important limitations. On public property near a Target store, you can generally express your views through signs, leafleting, and peaceful demonstration as long as you don't block pedestrian or vehicle traffic. Local ordinances may require permits for certain activities, so continuing to seek clarification from local authorities is wise even if you plan to proceed tomorrow.

The boundary between public and private property is crucial - sidewalks and public streets are typically considered public forums where protest rights are strongest, but parking lots and store entrances are usually private property where Target can ask you to leave. If asked to leave private property by store management or security, you should comply to avoid trespassing charges, though you can relocate to the nearest public space.

Remember that while protesting alone, you still must avoid behaviors that could be considered disorderly conduct, such as using amplified sound that disrupts business operations, physically blocking customers, or making threats. Documenting your protest with photos or video and having the contact information for a trusted person or legal support resource available may prove helpful if any issues arise during your demonstration.

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