Lemonade stand owner fails to rebut presumptions that she sells to the public, meaning gov’t

A lemonade stand owner, a particularly young one, was duped into believing she was selling to the public and consequently the police/policy officers, who enforce gov’t codes, stopped her for selling without a license.

“the city ordinance in Alliance states that vendors must obtain licenses before selling products to the public

The big mistake was not that she added too much sugar to the lemonade, but that she failed to rebut the presumption that she was working in the public, for the public, and/or selling to the public.

young girl at lemonade stand managing the businessPublic means government, as in public library.

Maybe should could have asked the police/policy officers, “I would be happy to shut down, if you can prove I’m a member of the public and selling to the public.”

Always ask questions. As-king – Asking questions is the king’s role, or in this case the queen’s role.

Even if she did sell some lemonade to dehydrated government workers, she could stop selling to them (the public), and post a sign stating “Not available to gov’t workers or resident (aliens). Only serving state nationals, preferably Ohioans.”

She might also have a notice stating:

If the police/policy officers (enforcing the code/statute) persist, one could call the peace officers (part of the same department) and have them talk it out.

Maybe lemonade stands are the way we make these points clear.


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One comment on “Lemonade stand owner fails to rebut presumptions that she sells to the public, meaning gov’t

  1. Even though Costco is a private membership club, it is open to the public, via public accommodation. That is why they could not truly enforce their “mask” policy. Peggy Hall made a big point about this topic for many businesses alleging to be operating in the private.


    Her parents should have asked the officers, how are you standing before us today, as peace officers or policy enforcers? They took an oath as a peace officer, and not as policy enforcer.

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