Trespass warnings on public property

Public access is not unlimited access

While public buildings are funded by taxpayers, they are not automatically open forums for all types of conduct. In nonpublic forums (like administrative offices, secure corridors, or counter desks), officials can regulate entry and behavior to ensure government functions can proceed without disruption.

Government agencies may set building rules, business hours, and safety boundaries. Violating these rules can form the legal basis for an official to ask a person to leave.

What makes a trespass order lawful

To be lawful, a trespass order issued by a government official on public property must be viewpoint-neutral and reasonable in light of the purpose of the space. It cannot be issued simply because an official dislikes a person's speech or opinion.

However, if a person disrupts operations, enters restricted areas, or refuses to follow neutral rules, they can be lawfully ordered to leave. Remaining after a lawful order can lead to a charge of criminal trespass.

Field de-escalation

If a public employee or police officer issues a trespass warning or orders you to leave a public building, the safest field practice is to comply immediately under protest. Leave the premises and continue documenting from a public sidewalk. Challenge the validity of the order later in court or through administrative appeals, rather than refusing and risking arrest.