After protesting gun rule, Disney guard is fired

Orlando Sentinel ^ | July 8, 2008 | Scott Powers

[TYVets]

The employee was well within his rights to refuse to an unlawful search of his vehicle and Disney should not be allowed to fire him for his refusal to submit to an unlawful search.

Are you speaking about Florida Rights or our Rights under the U. S. Constitution?

[Churchillspirit]

I have lived within 15 miles of Disneyland for 25 years and have never been to the park.

The Happiest Place on Earth

Yea......right.

[monkeyshine]

I envy the guy. He got fired and now he has a civil rights discrimination suit. How much do you think a Florida jury will give him? $400,000?

[GladesGuru]

Disney is like the White oak Plantation in that both have interlocal agreements and are, in many ways, self governing.

Disney may be about to show the public at large why Mickey Mouse is a RAT!

[evangmlw]

I am a Florida resident with a concealed weapons permit. The Florida legislature recently passed the law: "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008." The law states that an individual with a concealed permit can lawfully have his weapon stored in his vehicle in the parking facilities of his place of employment.

The local USAA office in Tampa employs about 1400 employees. They have also advised employees that anyone bringing a firearm onto the property will be terminated immediately. They cite exemption based on the grounds of having a Day Care Facility on the 120 acre site. The Day Care Facility has its own parking facility and is a separate building on the site. The employee parking lot is totally separated from the Day Care Facility. Signs remain on the property "no firearms permitted." Yet, there are armed guards on the premises.

[contemplator]

I’m not a lawyer, but I was referring to the section of the law I quoted which says that a search for the purpose of discovering firearms must be done by on-duty law enforcement personnel.

I suppose the right guaranteed in the Constitution could apply as well though. That one would lbe a little trickier though as the issue of whether or not Disney is truly exempt from the law would have to be decided. If Disney is not exempt from the law, then attempting to search someone’s vehicle for the express purpose of finding a weapon that person was legally authorized to store there would definitely constitute an ‘unreasonable’ search.

I was thinking about this on the drive to work this morning. Ultimately it doesn’t matter one way or another as Florida is a ‘right to work’ state and Disney can pretty much fire anyone for any reason they like. Even if the guard was able to show that his employment was wrongfully terminated and a judge ordered Disney to hire him back he wouldn’t last long before they would be able to fabricate some reason to get rid of him again.

[TYVets]

Thanks for the information.

In language I can understand you put forth ideas that at least 75% of lawyers can't or won't do. Perhaps you missed your calling. :)

There was quite a discussion here on FR about property rights when AOL fired 3 employees for having firearms on a leased parking lot. Much can be said for both sides of the issue.

My personal feelings where stated in an earlier reply:

Disney's or any employer's property ends at the bottom of your tires.

With Disney appealing though the courts system and Florida being a "right to work" state, I would think the man has a difficult battle on his hands.

As an employer selling flambalble products I had no problem with an employee who had firearms in his/hers personal vehicle. The products we sold could have been more hazardous to the employee and/or the public than a firearm. Irresponsible people had no place in our store.

Traveling to and from work the employee is on their own when it comes to their safety and well being. It is sad to think that any employer large or small does not take common sense into consideration when it comes to this matter.

Drive careful and be safe,, thanks again for the information.