Court Upholds Constitutionality Of M.G.L. c. 266, § 120 No Trespassing Orders


Court Upholds Constitutionality Of M.G.L. c. 266, § 120: Wholey v. Tyrell, 567 F.Supp.2d 279 (D. Mass. 2008)

The United States District Court for the District of Massachusetts (Tauro, J.) recently upheld the constitutionality of M.G.L. c. 266, § 120, which allows public officials to issue a “No Trespass” order without court approval or review. Plaintiff claimed the “No Trespass” statute violated his due process rights and his “right” to enter onto school property to see his nephew play high school basketball. Plaintiff was issued a “No Trespass” letter by the Town of Hull’s superintendent of schools after he verbally threatened both the high school athletic director and principal. The District Court found that the “No Trespass” order did not violate plaintiff’s due process rights or his “right” to view his nephew play basketball on school property. A “No Trespass” letter such as the one issued in this matter allows public officials to take immediate action to address concerns of public safety without having to first obtain a court order. It is an important device and, while challenged on occasion, the “No Trespass” statute has been repeatedly upheld by both federal and state courts in the Commonwealth. PD &P attorneys represented the defendants.