bad dinner tonight

[danmrt868]

Well I was at dinner at Cebolla's behind glenbrook mall in ft wayne. So I've been seated and already had my food. Was OC my pt 911 on right hip, anyways my son starts getting a headace and was filling sick. So i took him to the bathroom and couple of min's goes by and two city cops come walking in and ask if I'm carrying a gun. I say yes and they ask for my ltch and id and say someone called in about a guy with a gun. They say that the manager says it has to be put in the car. So i say no I will just leave if they don't want to respect rights then i won't eat there. So I go to the table and tell my wife and 3yo little girl lets go and brieff her on whats going on. As I'm trying to leave the cops and manager said what about my bill. I said I'm not paying for something I didn't eat. Cops said i was and I said i WASN'T and the manager seen this was going to be a seen so he said that I was fine to leave. So I did. But that was my bad dinner night. Maybe we should have a opencarry dinner there what do u guys think?

 

[Fishersjohn48]

You are far better off having not eaten the crap they call food anyway. I don't know how that place stays open.

Misunderstood which place this is. The food may or may not be good here as it is not the place I was thinking of...

 

[eldirector]

Good on you for voting with your feet (wallet) and staying cool enough.

I've prepped my wife for the same, but have never had to play that card.

Not sure of the legalities (someone will chime in, I'm sure), but I don't see any reason to pay for a nice, sit-down meal that you didn't get. Besides, by serving you they already approved of your OC. They are welcome to break the deal, but that ends your obligation as well.

 

[Hoosier8]

Bad scene. First, I have never thought of eating at Cabelas. Personal preference. Second, you are responsible for the cost of your dinner if you have already ordered, but it was a good thing the manager had some sense to let it slide or you would have had some trouble.

 

[danmrt868]

pretty much what i was thinking

 

[grimor]

Legal or not, if you order something and are basically asked to leave before you get it I wouldn't pay.

 

[LawDog76]

You should of called INS. Lets see the manager serve food without a kitchen staff.

 

[Hoosier8]

Legal or not, if you order something and are basically asked to leave before you get it I wouldn't pay.

Nobody asked him to leave.

 

[SMiller]

Way to stick up for yourself! If the manager or police dont respect your rights then move on!

 

[littletommy]

You should of called INS. Lets see the manager serve food without a kitchen staff.

^^^^^excellent advise! +1!!!! I'll bet the manager would have **** himself apologizing if you would have played that card. I know nothing of this particular place, but I always wonder how many illegals are preparing/handling food in the kitchen.

 

[grimor]

Nobody asked him to leave.

I disagree, it's no different than telling someone they aren't dressed right and to go home and change. That's asking someone to leave. While I personally tend to not OC, it was legal for him to carry there.

 

[Booya]

Sorry to hear that, Cebolla's is the bomb! Real mexican food made by real Mexicans! I have OC'd in all 3 locations and never once had an issue! Usually Dupont though.

 

[rjstew317]

^^^^^excellent advise! +1!!!! I'll bet the manager would have **** himself apologizing if you would have played that card. I know nothing of this particular place, but I always wonder how many illegals are preparing/handling food in the kitchen.

i second that. i can tell you from years of experience in many restaurants, there are always illegals working in the back. but don't you know, those are the jobs that Americans don't want.

 

[kevman65]

When you walk in and are seated, the management has agreed to serve you. At any time after that if they want to change the conditions for service, they have breached that contract and you can walk away from it or argue it.

Yes the OP had the right to leave without paying for a product he and his family never received.

 

[LawDog76]

(7) not having a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is:
(A) vacant or designated by a municipality or county enforcement authority to be abandoned property
(B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.

............
(c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.


So what crime was committed where the officer had the authority to ask you to leave? Personally I think it was more along the lines the manager didn't have a set to ask you personally. I'm glad to know there are a few officers that won't get involved until the manager grows a set and approaches the person carrying first.

 

[Hoosier8]

When you walk in and are seated, the management has agreed to serve you. At any time after that if they want to change the conditions for service, they have breached that contract and you can walk away from it or argue it.

Yes the OP had the right to leave without paying for a product he and his family never received.

I might disagree. The manager did npt ask but the police said he did. Someone complained which initiated the situation.

Let's change this around. You walk into a restaurant that does not display no smoking signs. You smoke and someone complains and you are asked to quit. You can put out your cigarette and enjoy your meal or leave, but you are still responsible for the cost of your meal if you have already ordered. You will fail in court if you argue otherwise.

The proprietor has sole control of his property, no matter what you think is right or legal. For you to argue otherwise is to ignore property rights.

 

[Booya]

(7) not having a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is:
(A) vacant or designated by a municipality or county enforcement authority to be abandoned property
(B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.

............
(c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.


So what crime was committed where the officer had the authority to ask you to leave? Personally I think it was more along the lines the manager didn't have a set to ask you personally. I'm glad to know there are a few officers that won't get involved until the manager grows a set and approaches the person carrying first.

I think this is where the threads usually start to make a turn for the crazy. No one mentioned any crimes being committed nor has the OP ever stated that anyone asked him to leave. He was asked to put the firearm in his vehicle, he refused and choose to leave. No one asked him to leave and no ever stated any crime had been committed.

 

[2cool9031]

Some people are just ignorant...if you were going to rob the place or do harm to someone, why would you open carry? You would conceal carry till you were ready to do your dirty deed.

 

[eldirector]

Or.....

You go to a restaurant that does not have a "tie required" sign. You are seated, order, and start your meal. The manager then interrupts your meal and says you have to leave the building to go put on a tie, and then you can come back and eat.

Would you really come back?

The owner/manager really can void their agreement with you at any time. They cannot demand payment for goods or services that they refuse to deliver, however.

 

[junglerogue]

Good point Booya! Devil's in the details. Had he actually partaken of the food and refused to pay=theft of services. That is one thing I've never understood about IN, that I thought TX did quite well. If a business chooses to refuse service/entry to a person CC/OCing, they simply post a 30.06 sign, that way there's no confusion about whether they're CC/OC friendly.