I agree with you that it is a bad situation. I would like to see the law changed to require both the determination and the signs, or at least a defense if the premises are not properly posted according to TABC rules.austin-tatious wrote:However, situations like this "not obvously a bar" laff stop place (IF it is a 51% establishment), put us all at risk of expensive legal complications. Let's say this scenario happened and I was arrested but found not guilty, I would think a civil suit to recover damages from the establishment for failing to post 51% would be in order and "winnable" Do you think?
As for the suit, I am not sure how it would work. That is an interesting concept, but the stores lack of posting is also what gave you an out from the law. You have them liable for the arrest for not posting, then credited for the acquittal for not posting. The jury would probably think it is a wash. Maybe one of the attorneys could post a better view on the liability side of it for us.
