free bump
EDIT: I thought it was worth posting, so here is the OP again
Quoted:
As most know, Disney fired an elderly couple from its Orlando park because they had a gun locked in their car. This action led to the recently adopted FL law protecting CWL holders from similar action. BUT, recently Disney sent the email below to all its employees showing again they think they are above the law. They claim they are exempt, which they are clearly not.
Let them know how you feel by emailing or calling the person who is responsible for this email at:
Shannon McAleavey,
Senior Vice President Public Affairs
[email protected]
407/828-5776
_______________________________________________________________
Email sent to Disney Employees ...
To: Florida-site Executives Date: June 27, 2008
From: Shannon McAleavey,
Senior Vice President Public Affairs
Subject: Florida's Guns-at-Work Legislation
_____________________________________________________________________
On July 1, a new Florida law will go into effect that will allow
employees with a conceal-and-carry permit to have a weapon in their
vehicle at their place of employment. This law does not apply to Walt
Disney World Co. owned and leased properties due to an exemption. This
includes all theme parks, resorts, theme park and resort parking lots,
Cast Member parking lots, administrative offices across the Walt Disney
World(r) Resort, Downtown Disney(r), Disney's Wide World of Sports
Complex, hotels on Hotel Plaza Boulevard, Celebration and the Disney
Reservation Centers (Orlando and Tampa).
However, the law will apply to property owned by Reedy Creek
Improvement District, Disney's Vero Beach Resort, the Disney Cruise Line
Crew Member parking lot, the La Quinta warehouse on Orange Blossom Trail
and Disney-owned liquidation stores off property. Because this is a
Florida law, it also does not apply to Disney's Hilton Head Island
Resort. Cast Members will continue to be prohibited from removing a
weapon from their vehicle while at work. All Cast Members must comply
with the gun policies in effect at the location they are visiting,
regardless of where they work. For example, Disney's Vero Beach Cast
Members must comply with the gun policies at a Walt Disney World Co.
theme park when visiting that location.
Walt Disney World Co. continues to maintain a zero tolerance
policy for guns and workplace violence. Possession of dangerous or
unauthorized materials such as explosives, firearms, ammunition, weapons
or other similar items on Walt Disney World Co. owned or leased property
is grounds for termination (as outlined in the Employee Policy Manual).
A lawsuit filed by the Florida Chamber of Commerce and Florida
Retail Federation to repeal the law is under review, and we are hopeful
it will be overturned by mid-July. We support the ongoing efforts of the
Florida Chamber of Commerce and the Florida Retail Federation to
challenge the legislation. The safety of our Cast and Guests is our top
priority.
Please encourage your teams to practice safe behaviors at any
location. In an emergency, Cast Members should dial 911. If a gun is
seen or suspected to be at any location, Cast Members should immediately
contact their local Human Resources representative or Walt Disney World
Security at x1990 or 407-560-1990.
Thanks for your support in verbally sharing this information
with your teams. I will update you when a final ruling is made in the
lawsuit.
____________________________________________________________________
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The actual law they claim to be exempt from:
54 Section 1. Section 790.251, Florida Statutes, is created
55 to read:
56 790.251 Protection of the right to keep and bear arms in
57 motor vehicles for self-defense and other lawful purposes;
58 prohibited acts; duty of public and private employers; immunity
59 from liability; enforcement.--
60 (1) SHORT TITLE.--This section may be cited as the
61 "Preservation and Protection of the Right to Keep and Bear Arms
62 in Motor Vehicles Act of 2008."
63 (2) DEFINITIONS.--As used in this section, the term:
64 (a) "Parking lot" means any property that is used for
65 parking motor vehicles and is available to customers, employees,
66 or invitees for temporary or long-term parking or storage of
67 motor vehicles.
68 (b) "Motor vehicle" means any automobile, truck, minivan,
69 sports utility vehicle, motor home, recreational vehicle,
70 motorcycle, motor scooter, or any other vehicle operated on the
71 roads of this state and required to be registered under state
72 law.
73 (c) "Employee" means any person who possesses a valid
74 license issued pursuant to s. 790.06 and:
75 1. Works for salary, wages, or other remuneration;
76 2. Is an independent contractor; or
77 3. Is a volunteer, intern, or other similar individual for
78 an employer.
79 (d) "Employer" means any business that is a sole
80 proprietorship, partnership, corporation, limited liability
81 company, professional association, cooperative, joint venture,
82 trust, firm, institution, or association, or public-sector
83 entity, that has employees.
84 (e) "Invitee" means any business invitee, including a
85 customer or visitor, who is lawfully on the premises of a public
86 or private employer.
87
88 As used in this section, the term "firearm" includes ammunition
89 and accoutrements attendant to the lawful possession and use of
90 a firearm.
91 (3) LEGISLATIVE INTENT; FINDINGS.--This act is intended to
92 codify the long-standing legislative policy of the state that
93 individual citizens have a constitutional right to keep and bear
94 arms, that they have a constitutional right to possess and keep
95 legally owned firearms within their motor vehicles for self-
96 defense and other lawful purposes, and that these rights are not
97 abrogated by virtue of a citizen becoming a customer, employee,
98 or invitee of a business entity. It is the finding of the
99 Legislature that a citizen's lawful possession, transportation,
100 and secure keeping of firearms and ammunition within his or her
101 motor vehicle is essential to the exercise of the fundamental
102 constitutional right to keep and bear arms and the
103 constitutional right of self-defense. The Legislature finds that
104 protecting and preserving these rights is essential to the
105 exercise of freedom and individual responsibility. The
106 Legislature further finds that no citizen can or should be
107 required to waive or abrogate his or her right to possess and
108 securely keep firearms and ammunition locked within his or her
109 motor vehicle by virtue of becoming a customer, employee, or
110 invitee of any employer or business establishment within the
111 state, unless specifically required by state or federal law.
112 (4) PROHIBITED ACTS.--No public or private employer may
113 violate the constitutional rights of any customer, employee, or
114 invitee as provided in paragraphs (a)-(e):
115 (a) No public or private employer may prohibit any
116 customer, employee, or invitee from possessing any legally owned
117 firearm when such firearm is lawfully possessed and locked
118 inside or locked to a private motor vehicle in a parking lot and
119 when the customer, employee, or invitee is lawfully in such
120 area.
121 (b) No public or private employer may violate the privacy
122 rights of a customer, employee, or invitee by verbal or written
123 inquiry regarding the presence of a firearm inside or locked to
124 a private motor vehicle in a parking lot or by an actual search
125 of a private motor vehicle in a parking lot to ascertain the
126 presence of a firearm within the vehicle. Further, no public or
127 private employer may take any action against a customer,
128 employee, or invitee based upon verbal or written statements of
129 any party concerning possession of a firearm stored inside a
130 private motor vehicle in a parking lot for lawful purposes. A
131 search of a private motor vehicle in the parking lot of a public
132 or private employer to ascertain the presence of a firearm
133 within the vehicle may only be conducted by on-duty law
134 enforcement personnel, based upon due process and must comply
135 with constitutional protections.
136 (c) No public or private employer shall condition
137 employment upon either:
138 1. The fact that an employee or prospective employee holds
139 or does not hold a license issued pursuant to s. 790.06; or
140 2. Any agreement by an employee or a prospective employee
141 that prohibits an employee from keeping a legal firearm locked
142 inside or locked to a private motor vehicle in a parking lot
143 when such firearm is kept for lawful purposes.
144 (d) No public or private employer shall prohibit or
145 attempt to prevent any customer, employee, or invitee from
146 entering the parking lot of the employer's place of business
147 because the customer's, employee's, or invitee's private motor
148 vehicle contains a legal firearm being carried for lawful
149 purposes, that is out of sight within the customer's,
150 employee's, or invitee's private motor vehicle.
151 (e) No public or private employer may terminate the
152 employment of or otherwise discriminate against an employee, or
153 expel a customer or invitee for exercising his or her
154 constitutional right to keep and bear arms or for exercising the
155 right of self-defense as long as a firearm is never exhibited on
156 company property for any reason other than lawful defensive
157 purposes.
158
159 This subsection applies to all public-sector employers,
160 including those already prohibited from regulating firearms
161 under the provisions of s. 790.33.
162 (5) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY
163 FROM LIABILITY.--
164 (a) When subject to the provisions of subsection (4), a
165 public or private employer has no duty of care related to the
166 actions prohibited under such subsection.
167 (b) A public or private employer is not liable in a civil
168 action based on actions or inactions taken in compliance with
169 this section. The immunity provided in this subsection does not
170 apply to civil actions based on actions or inactions of public
171 or private employers that are unrelated to compliance with this
172 section.
173 (c) Nothing contained in this section shall be interpreted
174 to expand any existing duty, or create any additional duty, on
175 the part of a public or private employer, property owner, or
176 property owner's agent.
177 (6) ENFORCEMENT.--The Attorney General shall enforce the
178 protections of this act on behalf of any customer, employee, or
179 invitee aggrieved under this act. If there is reasonable cause
180 to believe that the aggrieved person's rights under this act
181 have been violated by a public or private employer, the Attorney
182 General shall commence a civil or administrative action for
183 damages, injunctive relief and civil penalties, and such other
184 relief as may be appropriate under the provisions of s. 760.51,
185 or may negotiate a settlement with any employer on behalf of any
186 person aggrieved under the act. However, nothing in this act
187 shall prohibit the right of a person aggrieved under this act to
188 bring a civil action for violation of rights protected under the
189 act. In any successful action brought by a customer, employee,
190 or invitee aggrieved under this act, the court shall award all
191 reasonable personal costs and losses suffered by the aggrieved
192 person as a result of the violation of rights under this act. In
193 any action brought pursuant to this act, the court shall award
194 all court costs and attorney's fees to the prevailing party.
195 (7) EXCEPTIONS.--The prohibitions in subsection (4) do not
196 apply to:
197 (a) Any school property as defined and regulated under s.
198 790.115.
199 (b) Any correctional institution regulated under s. 944.47
200 or chapter 957.
201 (c) Any property where a nuclear-powered electricity
202 generation facility is located.
203 (d) Property owned or leased by a public or private
204 employer or the landlord of a public or private employer upon
205 which are conducted substantial activities involving national
206 defense, aerospace, or homeland security.
207 (e) Property owned or leased by a public or private
208 employer or the landlord of a public or private employer upon
209 which the primary business conducted is the manufacture, use,
210 storage, or transportation of combustible or explosive materials
211 regulated under state or federal law, or property owned or
212 leased by an employer who has obtained a permit required under
213 18 U.S.C. s. 842 to engage in the business of importing,
214 manufacturing, or dealing in explosive materials on such
215 property.
216 (f) A motor vehicle owned, leased, or rented by a public
217 or private employer or the landlord of a public or private
218 employer.
219 (g) Any other property owned or leased by a public or
220 private employer or the landlord of a public or private employer
221 upon which possession of a firearm or other legal product by a
222 customer, employee, or invitee is prohibited pursuant to any
223 federal law, contract with a federal government entity, or
224 general law of this state.
225 Section 2. This act shall take effect July 1, 2008, and
226 shall apply to causes of action accruing on or after that date.
227
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