can you be trespassed from a public building

Can You Be Trespassed from a Public Building?

You’re just going about your day, minding your own business, when a security guard or police officer approaches you in a public building like a library, city hall, or post office. They inform you that you’re being “trespassed” and must leave the premises immediately and not return for a certain period of time – or risk being arrested.
You’re probably wondering – can they legally do that when it’s a public building open to all taxpayers? Let’s break it down.

What Does “Trespass” Mean Legally?

Trespass refers to entering or remaining on private property without permission from the owner. So when you’re out and about in public spaces like a park, you typically can’t be trespassed since they are open to the public.
But many government buildings also fall under rules allowing reasonable access restrictions. Getting “trespassed” means you’re formally banned from the property for a set duration.

Can a Public Building Ban Me?

The short answer is yes. While you have rights under the First Amendment to access public spaces for things like petitioning the government, public buildings can still impose reasonable “time, place and manner” restrictions.
So for example, they may have set open hours, require visitors to go through security checkpoints, prohibit blocking hallways or disrupting operations, etc. As long as the rules are viewpoint-neutral and narrowly crafted, courts typically uphold them.

Trespass Orders in Public Buildings

If you violate those access rules or restrictions, the building authorities can issue a formal trespass order against you.
That means you’ll be required to leave immediately and barred from returning for whatever duration is specified – anywhere from 30 days up to a permanent lifetime ban.

Penalties for Violating a Trespass Order

If you refuse to comply with the trespass order, security or law enforcement may physically remove or arrest you. You could face misdemeanor criminal charges like disorderly conduct or failure to disperse.
In some cases, repeat violators may even be charged with the more serious offense of criminal trespass – punishable by fines up to $1000+ and up to a year in jail in many states.

When Can a Public Building Ban Me?

The most clear-cut situations allowing a public building to ban you include things like:

• – Safety rules: Carrying prohibited weapons, refusing security screening, making violent threats.
• – Disruptions: Shouting/protesting without a permit, blocking hallways, interfering with operations.
• – Disorderly conduct: Fighting, making unreasonable noise, public intoxication.
• – Vandalism or theft: Damaging property, stealing items or documents.

However, trespass orders aren’t limited only to illegal activities per se. Public buildings can also ban you for more subjective things like:

• – Harassment: Intimidating or bothering employees or visitors.
• – “Suspicious activity”: Sneaking around restricted areas, testing doors/windows.
• – Hygiene issues: Highly offensive body odor, lack of shoes/shirt.
• – Nuisance behavior: Loitering for excessive periods, following employees.

If they determine your actions or presence is sufficiently disruptive or concerning, you may be ordered to leave and not come back – even without hard evidence of a crime.

Can I Appeal or Fight a Public Building Ban?

Getting trespass listed from locations like your local town hall or community center can make life difficult and frustrating.
Fortunately, you typically have some options to contest an unfair or arbitrary trespass order:

Appeal to Management

First, reach out to the building director, security supervisor, or other senior personnel. Explain why you believe the ban was unjustified or disproportionate. Provide additional context, express regret over the incident, and give assurances it won’t happen again. Oftentimes, calmly advocating for yourself can get a warning or temporary 30-day ban rescinded or shortened.

File Official Administrative Complaint

If informal appeals don’t work, put your objections in writing to the agency head. Detail what happened, what rules were allegedly violated, why the punishment doesn’t fit the offense, and your desired outcome. This creates an official paper trail and may prompt an internal investigation resulting in the ban being lifted.

Contact Ombudsman/Public Advocate

Many governmental bodies have an ombudsman, public advocate, or citizen representative whose job is investigating complaints against agencies or employees. They typically have power to review cases, overturn decisions, and recommend policy changes.

Attend Public Meeting

Find out when the library board, city council, university regents, or other relevant oversight body meets. Sign up to speak during public comment period to seek support and apply pressure. Rallying community allies can be influential with boards sensitive about optics and public relations.

File Federal Civil Rights Lawsuit

As a last resort, you may sue in federal court alleging First or Fourteenth Amendment violations. However, legal experts generally recommend this only for permanent bans or systemic abuses. Lawsuits are expensive, lengthy, and tough to win unless you can prove unlawful discrimination or denial of constitutional rights.

How to Avoid Getting Banned from a Public Building

While trespass orders can sometimes happen over innocent misunderstandings, following these tips will minimize chances of getting barred in the first place:

• – Mind posted rules and obey staff directions.
• – No disruptive behavior or excessive noise.
• – Don’t access unauthorized areas like rooftops or utility rooms.
• – If asked to leave, comply politely and immediately.
• – Never make threats and avoid aggressive behavior.
• – Maintain suitable hygiene and attire in shared spaces.
• – Don’t loiter endlessly without purpose.
• – Limit group hangouts that intimidate others.
• – Be cooperative if questioned by security about activity.

Staying aware, respectful, reasonable, and responsible makes getting banned from libraries, city buildings, college campuses and other public properties highly preventable in most cases.