The former owner of things placed in trash intended for disposal has no rights of ownership in the item and no expectation of privacy in the contents. (U.S. Supreme Court).... Moreover, it cannot be trespass since it is a business open to and inviting the public. The prosecutor is a shill for the business interest and the poor defendant doesn't know his rights in such a case. There is no crime in this scenario.
That may be. But the context -- a Rainbow Gathering -- places an entirely different level of concern on the single instance. I agree the guys shouldn't have been nailed to the wall. But the fact that they were part of a huge group, most of whom (including possibly these two) would be all too willing to steal NON-trash items, gives the City a different and harsher perspective.
I don't excuse the City's action, but I understand it.
What if the trash dumpster is located in a fenced locked area and they break into that? They have that alot here at fast food places and retail stores.
Not after business hours, it isn't. Also, a business has the right to show anybody the door, even during business hours. It's called private property. IOW, these two were definitely trespassing. They had no right to be there and no right to handle the property of others, ie. the dumpster.
They are hippies. Hippies have no rights.
Only clean-cut conservatives have rights. (/s)