After speaking with the men, several sources at the Basilica and APD, it appears Chiaramonte did not have explicit permission from church staff to be on the property. The church does not generally call the police unless there is a complaint to them or a threat to the property. As property manager Bud Hansbury says "This is a church, there are always some interesting people around. That is part of our mission, and what makes life interesting." The church did not call police on Chiaramonte's group and was not aware of the situation. Like many establishments in urban areas, they do have an agreement with APD about trespassing, and the property is posted.
An APD spokesman says there is no change in the city's enforcement of quality of life laws downtown. According to Lt. Wally Welch, "The weather is nice, the bicycle, foot, and Segway patrols are more active, there is bound to be more activity with these types of incidents."
So, draconian crackdown? Or just a normal run of events? Let us hear from you.
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Tourist season starting early in Asheville, too?
By mat catastrophe
04/16/2012
Brother Christopher has his own pew at the courthouse.
................
By timothypeck
04/16/2012
Somebody is lying and it will come out in court who that is. The police do not have the authotity to arrest anyone for trespassing unless the owner of the property or the person responcible for the property first asks them to leave. Police may not enter private property without explicit permision or a warrent. Either the Church is lying or the APD has broken a few laws here and will be subject to lawsuit.
Empower yourself with knowledge
By Matthew Burd
04/16/2012
Do police not have the authority to enforce a posted 'no trespassing' sign?
"Police may not enter private property without explicit permision or a warrent"
You might want to research that a bit further.
Empower yourself with knowledge
By bill smith
04/16/2012
I was kinda speeding. I got a ticket. Someone is OBVIOUSLY lying. Can I sue?
The only police action that is in any predicament here is the Grammar Police.
By missemmalee
04/16/2012
The only police action that is in a predicament here is they don't know the law.
ยง 14?134.3. Domestic criminal trespass.
(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:
(1) A judicial order of separation;
(2) A court order directing the person charged to stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or
(4) Separate places of residence for the complainant and the person charged.
Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.
(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense. (1979, c. 561, s. 2; 1993, c. 539, s. 76; 1994, Ex. Sess., c. 24, s. 14(c); 1998?212, s. 17.19(a).)
By Matthew Burd
04/16/2012
This is CNN-journalism. "They said this, but he said that - what do YOU think?"
By sharpleycladd
04/16/2012