Legal Question in Consumer Law in Wisconsin

I am currently banned from all McDonald's restaurants owned by the Courtesy Corporation franchise due to an incident that occurred at one of their locations. This is a lifetime ban, so even though I know that I am not supposed to go any of these locations, I am worried that I will forget about it at some point, go back, and get charged with criminal trespassing. Is there anything I can do to tell them not to charge me with criminal trespassing if I go back?

Asked on 8/21/15, 11:31 am

1 Answer from Attorneys

JAY Nixon nixon law offices

No, there is nothing that you can tell anybody to prevent anybody from charging you with criminal trespassing if you commit that offense in the future. Instead, you should work on removing the "ban" on your future behavior which you mention, or wait for it to expire. If that ban took the form of a court order, then the only way to change it is to have your lawyer take the matter back to court and make a formal, legal request to modify the order. If the ban is only based upon an owner request that you stay away, the problem might not be so severe, since, it does not involve a court order, so long as you are on the premises which is open to the public for some lawful purpose and not making a nuisance of yourself. While you can still technically be charged with trespassing, so long as you buy your food through the drive through, and they are not able to identify you, you will probably get away with it.

I don't know how you managed to get yourself barred from McDonald's but I am guessing that whatever you did to them in the past was pretty serious, since they normally encourage the public to attend. However, I might be able to make better suggestions if I knew what that was. I would therefore advise you to have a private conference with a local lawyer and provide the details to him or her, if you want any sort of reliable advice.

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see my past answers to similar questions on Law Guru at View other past answers at Answers may contain attorney advertising materials. .

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Answered on 8/23/15, 5:36 am

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