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State v. Kirk

Decided: May 25, 1964.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GEROLD KIRK, FRANK SCHOOLEY, CHARLES WADAS AND RAYMOND VICKNAIR, DEFENDANTS-APPELLANTS



On appeal from municipal court.

Glickenhaus, J.c.c.

Glickenhaus

This matter comes before the court on appeal from a judgment in the Newark Municipal Court wherein defendants were convicted of trespassing in violation of N.J.S. 2A:170-31.

On Friday, July 12, 1963, at 2 P.M., defendants Kirk and Schooley, wearing signs relating to a strike of the Flight Engineers' Union against Eastern Air Lines, were parading side by side up and down in front of the Eastern Air Lines ticket counter in the main passenger waiting room in the passenger terminal building at Newark Airport. Newark Airport is owned by the City of Newark and on the date in question was under lease to and in the possession and control of the Port of New York Authority. The two men were approached by Vincent A. Carson, the Port Authority manager of the airport, and Port Authority officer Abbott. Mr. Carson identified himself to the defendants as the manager of the airport and advised defendants that their activities were not permitted within the terminal building and that they were trespassing therein. He specifically forbade them to continue their trespassing and directed them to leave the building.

They advised him that they had sought Port Authority permission to picket inside the building but that it had been denied; they were conducting their indoor picketing activity on the advice of counsel, and inquired as to the action which would be taken if they continued. He informed them that if they continued their parading and failed to comply with his direction to leave the building, he would request the police officer to arrest them on a charge of trespassing. They stated that they would not stop and were prepared to take the consequences of their defiance. They then resumed their parading. They continued to parade up and down in front of the Eastern Air Lines ticket counter for approximately ten minutes.

Police Officer Abbott, acting on the complaint of Carson, then placed defendants under arrest on a charge of trespassing in violation of N.J.S. 2A:170-31, which provides, inter alia:

"Any person who trespasses on any lands, * * * after being forbidden so to trespass by the owner, occupant, lessee or licensee thereof * * * is a disorderly person and shall be punished by a fine of not more than $50."

Defendants Wadas and Vicknair came upon the scene just prior to the arrest of defendants Kirk and Schooley. When defendants Kirk and Schooley were arrested, defendants Wadas and Vicknair took up the picketing activity. At approximately 2:30 P.M., Carson and Abbott approached defendants Wadas and Vicknair. Carson again identified himself as manager of the airport and advised these defendants that the parading activity was being conducted in an area in which such activity was not permitted by the Port Authority, and that they were trespassing therein. He forbade them to continue their activity indoors and directed them to leave the building, advising that they would be arrested as trespassers if they failed to leave. They advised him that they felt that they had a right to picket within the building. They refused to desist and continued to parade up and down in front of the Eastern Air Lines ticket counter. When they had continued for approximately ten minutes after the directions to cease

trespassing and leave the premises had been given by Carson, they were arrested on a charge of trespassing in violation of N.J.S. 2A:170-31.

The Port Authority had theretofore formally adopted certain rules and regulations for air terminals operated by it which were in full force and effect on the date of these events. Rule No. 2 provides:

"Any permission granted by the Port Authority directly or indirectly, expressly or by implication, to any person or persons to enter upon or use any air terminal or any part thereof (including aircraft operators, crew members and passengers, spectators, sightseers, pleasure and commercial vehicles, officers and employees of airlines, lessees and other persons occupying space at such air terminal, persons doing business with the Port Authority, its lessees, sublessees and permittees, and all other persons whatsoever whether or not of the type indicated), is conditioned upon compliance with the Port Authority rules and regulations; and entry upon or into any air terminal by any person shall be deemed to constitute an agreement by such person to comply with said rules and ...


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