Legal Question in Civil Litigation in Florida

I was recently at a Duffys (in west palm beach,fl) to watch the boxing fight. Duffys happened to be full. I was with a group of friends (4 people) so we left and there happened to be a bench about two businesses away (outside away from Duffys property) and they have two tvs facing the bench. We sat at the bench and the manager came outside charging us $10 for sitting there and "watching the program" which I in turn told her that we were sitting there having a conversation which we were the main event was not even on . She went ahead and got a police officer (officer Neglon) who told us if we wanted to sit there we would have to "face the other way" and that if we stayed it was defrauding an in keeper but I told him we were simply enjoying a bench that the city had put there and Duffys tvs just happened to be facing the bench. Basically I felt pressured to pay $10 to sit there or we would get arrested and "fight it in court". Please advise, I do not think this was right -- how they can kick us out when we were sitting on a public bench outside that was put there by the city -- the managers name is Julie and officers name is officer Neglon -- the police report will be submitted tomorrow (5/6/12). We left b/c we did not want to get arrested... Please let me know -


Asked on 5/05/12, 10:34 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

I think the police officer is wrong if you were not trespassing on Duffy property.

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Answered on 5/06/12, 12:41 pm
Philip Duvalsaint Philip A. Duvalsaint, PLLC

It could be very tricky. Duffy's may have the right to use those benches (common areas) or a exclusive use the benches during certain areas depending on the lease.

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Answered on 5/07/12, 12:54 pm


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