QUESTION

I am a Scuba instructor. A dive shop I worked with has decided to end our relationship. Can the shop keep me from doing business at the same beach?

Asked on Jul 25th, 2012 on Business Law - New York
More details to this question:
I was an independent contractor for the shop. After a bad fight with the shop owner he has banned me from going into the store and has threatened me that If I''m within 1 mile of store event I will be arrested for trespassing? can this actually happen?
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2 ANSWERS

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Of course not. You knew that already.
Answered on Jul 25th, 2012 at 6:09 PM

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Appellate Practice Attorney serving New York, NY
Unless you signed an agreement restricting your right to compete with the shop, you have every right to do so, although you may need one or more permits or licenses to operate a scuba instruction business on what I assume is a public beach.  As for trespassing, assuming that this is a  public beach and that the shop neither owns nor leases it, you are not trespassing by being on the beach.
Answered on Jul 25th, 2012 at 6:09 PM

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