The Dolphins Make Me Cry.com - Forums

http://deadspin.com/5657280/browns-now-charging-you-to-walk-through-parking-lot

It's started in Cleveland now. Must pay $5 to walk through the parking lot. Other NFL teams are looking to add this to their stadiums

As I read the articles that deadspin are linked to, it does not sound like either the NFL or the Browns doing. 

But a single private parking lot that operates near the stadium. 

I think that if someone told me I couldn't walk through a parking lot outside of the stadium in order to get into the stadium without paying a walk-through fee, I'd have to tell them to kindly fuck themselves sideways, and if they don't want me walking through their parking lot...put a damned fence around it.

I hate malicious businesses who try to screw folks for an extra buck or two.

If it's a privately owned parking lot, maybe they don't want tailgating due to the possible liability associated with it (drunk guy gets hurt in the lot, etc). Maybe this is their way of deterring it.

The sense I get is it is not a parking lot you need to walk thru to get to the stadium from somewhere else and this was a "toll" charge to walk thru. 

But that this is a parking lot that people who come to the game via public transport or who park elsewhere head to to have a party and this is an admission charge to that party. 

In some ways it is understandable.  The parking lot owner needs to provide portapotties, security, clean up, trash removal not just for those people paying to park but all the people who show up to the party.

That's more understandable than the original way I thought the situation was being represented...but in this case, it wouldn't be so much a charge for "walking through a parking lot to the stadium" as much as it is "walking to an outdoor party."

If I get off public transportation to the stadium, and my direct line to walk from where public transportation let me off and where I enter the stadium leads me through a parking lot, I'd definitely not be willing to accept a "pay or walk around" scenario.

I think the folks who don't want to pay the $5 to party want to make it sound worse than it really is.  Would not the first nor the most egregious example of this type of reporting.
Have you ever taking a bus or train to any stadium that drops you off in such a location that would force you to walk thru a privately owned parking lot to avoid a significant detour on your way to the stadium?  Or do the buses tend to drop you off in front of the stadium with the most direct route involving a pedestrian walkway on public property and/or stadium property? 

I've driven or gone with someone to every sporting event I've ever attended...never used public transpo for that purpose. I was walking on hypothetical ground there.

I agree that if they don't want people walking across the parking lot, they should put up a fence, or at least no trespassing and/or no loitering signs.

Just my opinion, but signs like that really aren't much good without some sort of fence or barrier to support the directive.

^ Probably people would ignore them, but if they put "violators will be subject to a fine" then they could justify charging people to walk through.  I am assuming that is legal to do.

I tried finding the lot on a map, but wasn't able to. I *think* it's one of the two lots West of the stadium, South of the rails -- stretching from West 3rd St to West 9th St. Either the one right up against the overpass or the one just north of that (other side of the green strip).

Link (http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=Cleveland+Browns+Stadium,+Cleveland,+OH,+United+States&sll=41.493407,-81.675282&sspn=0.093477,0.120163&ie=UTF8&hq=Cleveland+Browns+Stadium,&hnear=Cleveland,+Cuyahoga,+Ohio&ll=41.502278,-81.701159&spn=0.011281,0.01502&t=h&z=16)

Doesn't seem like anyone would "just be walking across" either of them.

(And I just read that the company, Network Parking, has decided not to charge people who just want to "pass through", although how they will be able to enforce that is beyond me.)

as the folks got stopped entering the parking lot and were given the choice of pay or leave, one can assume there is in fact an entrance point and some sort of barrier to keep people from entering elsewhere.

If fact having such a policy with no fence would be impossible to manage as people could walk in from anywhere without paying.    

they actually arrested people who laughed at then proceeded to walk through the lot anyways

Its called trespassing.  If a place charges admission and you refuse to pay and enter anyway you will get arrested. Same thing would happen if you tried to enter Landshark stadium without a ticket to a Dolphin's game. 

There is a huge grey area to argue in court about tresspassing as you have described it and passing through a an open area.
Also do they have personnel on hand to enforce this rule 24/7 or just on game days?
Makes it kind of hard to claim your property rights are being trampled on when you only enforce it sparsely.

Nope. The law is actually very clear.  Private property +  No permission to enter = trespass.   
Are you suggesting some sort of easement by adverse possession? 

Do you have to have "no trespassing" signs up to enforce the law?

From a legal standpoint no.  From a practical perspective there needs to be some notification to a person that they can't be there before a cop is going to take action.  If a person was on private property w/o permission, with no  sign the landowner could in theory never tell the trespasser to get out, call the cops and the cops could arrest the individual.  I doubt that would happen very often in practice.  And in some cases such as an open lot, the person might be able to argue implied permission. Here the landowner told the person they either pay or get out.  Then the cop said pay or get out.  And then once they ignored the cop they got a ticket. 

Having a sign eliminates the implied permission defense.  But so does telling the person to leave.  Once they know they are not welcome and remain it is clear cut trespass. 

If its a private lot, they can do whatever they want. But, if someone pays to park in the cash lot at Sun Life then wants to walk to an orange lot tailgate, charging them an extra $5 is BS.