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GeorgiaCarry.org v. Atlanta Botanical Garden Inc.

The trial court erred in dismissing a petition for declaratory and injunctive relief as to the Atlanta Botanical Garden's prohibition of weapons on its premises.

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Appellants GeorgiaCarry.org and Phillip Evans appeal the dismissal of their petition for declaratory and injunctive relief as to the Atlanta Botanical Garden’s prohibition of weapons on the Garden’s premises. We affirm in part and reverse and remand in part.

The facts are not in dispute. The Garden is a non-profit corporation that operates a botanical garden complex on property leased from the City of Atlanta. Evans, who holds a Georgia weapons carry license, visited the Garden twice in October 2014 and wore a handgun in a waistband holster each time. After gaining admission to the Garden on his second visit, Evans was stopped by an employee of the Garden and advised that he could not carry the weapon at the Garden; a security officer detained Evans, and Evans was eventually escorted from the Garden by an officer with the Atlanta Police Department.

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