private parking lot =not public road (in ny) - Saab General Bulletin Board - Saabnet.com
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private parking lot =not public road (in ny)
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Posted by Camm [Email] (#191) [Profile/Gallery] (more from Camm) on Wed, 1 Dec 2004 09:22:45 Share Post by Email
In Reply to: Re: no way..., Nick [Profile/Gallery] , Tue, 30 Nov 2004 12:22:40
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Not sure about your state, but here in NY, a private parking lot, such as that of a mall (even though accessible by and used by the public) is NOT a public road, and not subject to laws that govern conduct in public places. Philly Saaber - while your general examples are right, ie murder being illegal wherever committed, this analogy is kind of inaccurate. Many activities are illegal or legal based solely on where they are committed. Nudity, shouting obscenities and running a cement factory spring to mind as some that follow this rule. I can do donuts in my backyard all day long and not be liable for reckless driving. I may be liable for Nuisance, or for violating a noise ordinance however. If you have access to a law library, or better yet Lexis or Westlaw, look up People V. Moore 196 misc2d 340. Moral of that story is that you can drive while talking on a cell phone, if in a parking lot, because the parking lot is NOT a public road, and the cops aint got jurisdiction.

Your state (and mileage) may vary.

posted by 207.127.5...

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