Full question:
The pilots at our town's airport have been socializing at our's FBO's lobby for a number of years. New management now says we are loitering and can no longer do this. We own planes there, buy gas, and pay hangar rent to the city. Are we loitering? Can they leagally keep us from using the lobby to socialize? What can we do?
- Category: Real Property
- Subcategory: Trespassing
- Date:
- State: Indiana
Answer:
You may need to demonstrate a contractual right to use the property if it is owned by another entity. The situation depends on whether the property is privately or publicly owned. Government entities can impose reasonable, content-neutral restrictions on the time, place, and manner of assembly, even in traditional public forums. Such restrictions must be reasonable and narrowly tailored to serve a significant government purpose while allowing ample channels for communication.
In some cases, using another's property may lead to a prescriptive easement through adverse possession. However, this does not apply if the use is with the property owner's permission. To claim an easement by prescription, a person must use the land openly, notoriously, continuously, and in a manner hostile to the landowner's rights for a specified period as defined by state law. If the use is with permission, it is not considered adverse.
The Supreme Court has ruled that airports are not traditional public forums, allowing for certain reasonable restrictions on assembly and speech rights in these areas. Courts have varied in their rulings regarding other public transportation centers like bus terminals and railway stations.
Loitering laws are generally governed by statutes and local ordinances. You should contact your local city law department to inquire about applicable ordinances. Many jurisdictions have laws against loitering aimed at controlling public nuisances, aggressive begging, and other activities. Under these laws, police can require individuals to leave if they refuse to comply.
For example, a state loitering statute may define loitering as remaining in a public place for specific purposes, such as begging or gambling. In Massachusetts, for instance, a person can be fined for loitering in a public transportation facility after being forbidden to do so by an authorized person (Mass. Gen. Laws ch. 272, § 59).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.