2. The Law and Your Limits

Contents
Draft — pending legal review. Do not rely on this section for operational or legal decisions. The headings below are a scaffold; the legal statements they will carry have not been verified. This notice comes off only after sign-off by California counsel.

What you should come away with: being able to state what you may and may not lawfully do when you are expected to make someone leave.

This section protects everyone in the transaction. Almost all of the escalation, injury and liability in these encounters comes from a private person acting on authority they do not have. Knowing where your authority ends is not a limitation on your job — on the days this comes up, it is your job.

Security guards operate under an additional set of statutes and duties that do not apply to other employees. Those are under For Security Guards, not here.

2.1 You are not the police

Covers:

  • What a private person may lawfully do — and the fact that a name badge, a title, a uniform, or being on the clock adds nothing to it.
  • The difference between talking to someone, telling them to leave, and detaining them. Only the first two are yours.
  • Words and gestures that read as police authority, and the exposure that creates for you and your employer.
Not written yet.

2.2 Where your property actually ends

Covers:

  • The property line, and why the public sidewalk in front of your building usually is not part of it.
  • Publicly accessible private property — parking lots, plazas, lobbies, transit-adjacent space.
  • Who at your workplace actually has authority to ask someone to leave, and who may only report it upward.
Not written yet.

2.3 Asking someone to leave

Covers: what a lawful request sounds like, what notice means, and what your options actually are when the answer is no — a shorter list than most people assume. Calling the police is on the list. Making someone leave yourself is not.

Not written yet.

2.4 Belongings are property

Covers: a cart, a tent, bedding and bags belong to the person, not to the sidewalk. Moving, discarding or “cleaning up” someone's possessions is one of the fastest routes to both a violent encounter and a lawsuit — including the loss of identification, medication and documents the person cannot replace.

Not written yet.

2.5 Disability and discrimination

Covers: how disability, service animals and medical equipment change what a lawful request looks like; the Americans with Disabilities Act and California anti-discrimination law as they reach private businesses; and treating housing status itself as grounds for exclusion.

Not written yet.

2.6 After Grants Pass — and what it did not change

Covers: City of Grants Pass v. Johnson (June 2024) held that unhoused persons are not exempt from local no-public-camping laws. The limiting point matters more here than the holding: it governs municipal enforcement on public land, and it does not give a private business or its staff any authority they did not already have. Expect people to have heard the opposite.

Not written yet.

2.7 Helping is not a crime

Covers: California legislation protecting people who provide aid to unhoused people. A bill number is required before this goes on the page — the source material describes it only loosely.

Not written yet.