Can I smoke on the stairs across from my apartment?
October 29, 2011 4:50 PM Subscribe
There are some nice stairs with some sculptures on them across from my apartment (leading up to a parking garage), open to the public. People and security guards sit there and lounge and smoke cigarettes frequently (I can see from my apartment) However when I sit there or smoke cigarettes there, a security guard always tells me it is closed (no matter what time, most recently 4:30PM on a Saturday, sometimes after work like 6:30 on a Tuesday) and I cannot sit there. But isn't it public space?
posted by ejfox to law & government (6 answers total)
I live in Oakland, CA. I'm mostly curious about public space law, even if I weren't smoking a cigarette, which I realize might violate some smoking law. Mostly, I'm wondering, if a space is public and there are other people there, what are the laws regarding a security guard selectively enforcing who can be there? Do I have a right to be there? Thanks!