The Atlanta Botanical Gardens leases land from the City of Atlanta in Piedmont Park.  The Botanical Gardens bans guns and will have you escorted out by the police if you are carrying.

A GeorgiaCarry.Org member, Philip Evans, was escorted out by the police a few years ago.  He sued the Botanical Gardens.  He lost on the ground that he cannot raise a criminal law issue in a civil case.  The Supreme Court of Georgia unanimously reversed and sent the case back to the trial court.

At that point he lost again, this time on the basis that the public property is private by virtue of the lease.  The problem with that argument is that the legislature, in OCGA 16-11-127, stated that only lessees in control of private property through a lease may eject a person carrying a firearm.  In fact, the legislature, in HB 60, inserted that word.  The law used to say any lessee had the power to forbid firearms on leased property.  

The Fulton County trial court judge and the Botanical Gardens did not see the need to address the legislative change.

This case is now on appeal, and the legislative change is the main issue being argued on appeal.  

You may look at all of the briefing here.
http://georgiacarry.com/company/botanical_garden/

Oral arguments are next Wednesday, September 13, in Madison, GA.  The three judge appellate panel is Judges Dillard, Ray, and Self.

Hope we win

Sincerely hope Mr Evans wins his case.  

How did they know he was armed?

Get some!!!!!.  I hope he wins.

 Mr. Evans was carrying openly, just as he had on prior visits without problems.

Due to Irma they canceled the Oral Argument and resheduled.

Oral argument has been rescheduled for Oct. 11 at 10 a.m. in the Court of Appeals courtroom in Atlanta.  Same Judges.