Zoo Atlanta Weapons Policy Flip-Flop © 2022 Phillip Evans

Major Updates Below!

As recently as June 23rd, 2022 (per the Wayback Machine Archive) the page at https://zooatlanta.org/visit/rules/ stated with regards to prohibited items: 

"Weapons of any kind except as permitted by law", meaning that lawfully carried weapons were permitted, which aligns with state law. This wording had been used since 2014, after HB60 took effect.

Image by Author using Public Domain Material

That same page now reads:

"Weapons of all types are prohibited inside Zoo Atlanta", a blanket prohibition, which goes back to the pre-2014 language.

Yesterday I spoke with a member of their security office who told me the policy change was a result of a change in the law, and when I questioned further, the gentleman told me it was a "city law". Searching for a new city ordinance did not turn up anything.

Oddly enough, a different page on the Zoo's site currently has wording similar to the first one above:

https://zooatlanta.org/visit/  "Weapons, except as permitted by law"

So now there seems to be conflicting messages on the site.

Regardless, the gentleman at the Zoo's security office was clear that they intend to enforce a no-weapons policy for everyone except law-enforcement.

Fast forward to today, Oct. 20th, 2022 - A Mr. Gray (if I heard his name correctly) phoned me from the Zoo. He confirmed the policy change occurred Sept. 1st.

Mr. Gray stated that a group of Zoo officials determined that the Court of Appeals ruling from Jan. 1st, 2022, which granted the Atlanta Botanical Garden the right to ban guns applied to the Zoo.

I explained to him that the ruling applied to the entire state, in the sense that any property determined to have ownership rights via an "estate for years" type lease can ban weapons, but that the Zoo could only ban weapons if they had such a lease, and asked him if the Zoo Officials has made that claim. He side-stepped that question and promised to have someone else call me back.

Either that is the Zoo's position, that they claim to have an "estate for years" type lease, or they simply misunderstood the Court's ruling entirely and believe that they can do what the Atlanta Botanical Garden can, just because.

This blog article will be updated as more information is gathered.

UPDATE!!!

Thanks to Dawgdoc over at GeorgiaPacking.org, I have obtained info that is ruinous to the Zoo's position and have sent the Zoo an email with a copy to the Atlanta Police Department.

Here is the complete email:

Dear Zoo Officials,

I've learned that on Sept. 1st this year, you implemented a blanket policy banning all weapons carry, except by law enforcement.

Is it your position that your lease with the Fulton County Government (removed City of Atlanta for the pasted text here, misspoke in the email) is of the type known as an "estate for years", which grants you certain ownership rights, such as the right to ban weapons? Are you sure you'd like to be a property owner subject to paying property taxes?

Are you aware that the leasehold interest of the Zoo Property is assigned to the Atlanta Fulton County Recreation Authority? AFCRA has oversight over Zoo operations, including a vote on major Zoo contracts.

What all does this mean? It means your interest in the property is merely a "usufruct", and not an "estate for years", meaning you lack the authority to ban legally carried weapons by any lawful citizen, per your lease and per the Oct. 2019 ruling of the Georgia Supreme Court in Georgia Carry v. Atlanta Botanical Garden regarding usufructs and estate for years pertaining to the banning of weapons on publicly owned property.

The Atlanta Botanical Garden can ban guns because their lease was determined this year to be an "estate for years". Your lease is not possible to be ruled as such, due to the facts I outlined above. Therefore, you do not get to do what the Garden can, just because you want to. There has to be a legal basis for it, and there is none.

I suggest you check with your attorneys quickly on this matter, for if you violate the rights of a lawful citizen carrying a legal weapon at the Zoo you risk a costly lawsuit.

The Atlanta Police Department is well aware of state law on this, and they carefully follow it. They will not enforce your weapons ban. Ask them if you do not believe me.

It seems that you all did not think this through very well, nor had a clear understanding of the surrounding court cases. You simply knee-jerked latched onto what you saw as an opportunity (in your own minds) to go back to the pre-2014 blanket policy banning weapons. 

This makes it clear you do not respect the Second Amendment nor do you regard the ability of moms and dads to be armed for the safety of their families when traveling to and from the Zoo or walking from or to their vehicles at the Zoo in a neighborhood beset with crime. You should be ashamed of your liberty hating agenda.

Best regards,

Phillip Evans

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For verification of the Zoo's leasehold info I posted above see: https://saportareport.com/vote-clears-path-between-zoo-atlanta-and-federal-tax-credits/sections/reports/maggie/

Also, see the City of Atlanta's 2021 Annual Comprehensive Financial Report.

Second Update: The Zoo is not even a party to the Grant Park property lease, which is specified as a "usufruct" according the Zoo's operating agreement in section 3(b).

Third Update: The Zoo once again allows weapons, "as permitted by law". Their spokesperson unfortunately misunderstands this to mean you have to have a "permit", but that is wrong on two levels. 

We do not have a "permit", it is a carry license, and with recent legislation no longer needed for a lawful carrier to carry a weapon in public.