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To: CSM
Inside a bar is considered a public place. If members of the public are allowed to go into an area, government representatives have the right to go into the area. For example, when I do fire code inspections, I have the legal right to enter, observe and cite any code violations in areas normally open to the public. I cannot enter the storage or office areas without the permission of the owner, though, without a warrant. On a practical basis, owners will not refuse permission. If they did, I would get a warrant. Judges will issue warrants for the purpose of fire inspection.

Additionally, selling liquor is not a "right" but a licensed activity, subject to regulation by the state. In order to get a permit to sell liquor, you must agree to abide by certain provisions. The entry of the TACB officers into the bar is not a constitutional issue (boy I'm going to get flamed for that). The issue is the absurdist way in which the law is being enforced.

225 posted on 03/23/2006 6:37:34 AM PST by Richard Kimball (I like to make everyone's day a little more surreal)
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To: Richard Kimball

"If members of the public are allowed to go into an area, government representatives have the right to go into the area."

Do you think that is right? I don't.


228 posted on 03/23/2006 9:20:25 AM PST by CSM (Lick a finger, politicize the wind, and place the finger into the wind. - EGPWS, 1/26/2006)
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