Monday, May 9, 2016

The Georgia Supreme Court has affirmed and reversed in part an order entered in litigation brought against the Atlanta Botanical Garden

The facts are not in dispute. The Garden is a non-profit corporation that operates a botanical garden complex on property leased from the City of Atlanta. Evans, who holds a Georgia weapons carry license, visited the Garden twice in October 2014 and wore a handgun in a waistband holster each time. After gaining admission to the Garden on his second visit, Evans was stopped by an employee of the Garden and advised that he could not carry the weapon at the Garden; a security officer detained Evans, and Evans was eventually escorted from the Garden by an officer with the Atlanta Police Department.

Holding

we disagree with the trial court that the declaratory relief requested here, if granted, would somehow require action by the Garden or some other third party... While the wording of the petition requests a declaration that the Garden “may not ban” licensed individuals from carrying weapons at the facility, the practical effect of the request – and the relief sought – is simply a declaration that Evans, and similarly licensed individuals, may carry their respective weapons on the Garden’s premises. That relief, if granted, is simply a declaration of rights and requires no action on the part of the Garden or anyone else...

The trial court erred by dismissing Appellants’ request for declaratory judgment on the basis that it impermissibly asked the trial court to interpret a criminal statute and that it improperly compelled action by the Garden. Accordingly, the trial court’s order is reversed in this respect and this action remanded for further proceedings.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/05/the-georgia-supreme-court-has-reversed-in-part-an-order-entered-in-litigation.html