A performer in Kendrick Lamar’s Super Bowl halftime show was detained on the field and could face charges after unfurling a combination Sudanese-Palestinian flag with “Sudan” and “Gaza” written on it.
Laws do differ state to state. Trespass may be more or less restrictive in different places. In Louisiana where this took place, the trespass law reads, in part…
C. (1) No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
This does not require that the person be given direct notice that they are no longer authorized or had their permission revoked before they are required to leave like some states may require. The only requirement is that they no longer have authorization (expressed, legal or implied). If conditionals for authorization were given and you knowingly break those conditions, you no longer have express or implied authorization. That is trespass.
Again, all this is hypothetical. I’m not saying that these conditions were expressly given by the NFL or anyone else involved with the Super Bowl or half time show. I’m just say that there is the realm of possibility where they could have been, and in that case, the moment he violated those conditions, it would be trespass.
From the argument, it seems that the violation of the conditions in itself is not trespassing. Trespassing is staying after the conditions were violated. Since the person was promptly removed, it is very hard to argue that they trespassed.
You could argue that if he violated the conditions and then made to leave immediately after then that was not trespass. I could see it going the other way too, though, if he entered the property with intent to violate the conditions (the flag was no accidental, after all). But if he knowingly violated the conditions and remained and/or resisted attempts to make him leave, that would still be trespass.
That’s not how most state trespassing laws are written. You typically can’t wrap up trespassing in a contract like that.
Laws do differ state to state. Trespass may be more or less restrictive in different places. In Louisiana where this took place, the trespass law reads, in part…
This does not require that the person be given direct notice that they are no longer authorized or had their permission revoked before they are required to leave like some states may require. The only requirement is that they no longer have authorization (expressed, legal or implied). If conditionals for authorization were given and you knowingly break those conditions, you no longer have express or implied authorization. That is trespass.
Again, all this is hypothetical. I’m not saying that these conditions were expressly given by the NFL or anyone else involved with the Super Bowl or half time show. I’m just say that there is the realm of possibility where they could have been, and in that case, the moment he violated those conditions, it would be trespass.
Not a lawyer.
From the argument, it seems that the violation of the conditions in itself is not trespassing. Trespassing is staying after the conditions were violated. Since the person was promptly removed, it is very hard to argue that they trespassed.
You could argue that if he violated the conditions and then made to leave immediately after then that was not trespass. I could see it going the other way too, though, if he entered the property with intent to violate the conditions (the flag was no accidental, after all). But if he knowingly violated the conditions and remained and/or resisted attempts to make him leave, that would still be trespass.