Legal Question in Real Estate Law in California

For the last couple of months I have been using a wall at a public elementary to practice throwing and catching for the sport of lacrosse. Recently the principal of the school came out and told me to stop doing so, on the basis that it causes damage, even though the ball is made out of rubber, and the ball is solid concrete and there was obviously no damage present. I was wondering if the principal has the authority to require me to stop using the public school grounds well after school hours, when I am obviously not causing damage, and am no harm to anyone.


Asked on 4/25/12, 5:27 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would say that the principal is vested with authority to protect school property from trespasses of all kinds, including yours. It is a commonplace myth that just because property is publicly owned that it is therefore open for all members of the public to use at any time, especially when they don't see themselves as causing any damage or interfering with the main intended use. This is not so. The authorities in charge of public property have both the power and the duty to limit its use by the public. As extreme examples, try walking your dog on an Air Force base or setting up a lawn chair in a post office lobby. The principal obviously considers your activity to be in conflict with the proper uses of school property.

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Answered on 4/25/12, 6:45 pm


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