Seeing as how, the State, after failing to enact the Vampire Rule, is apparently now seeking to conscript local businesses to accomplish the same violation of 2nd Amendment rights via their private property rights, I wonder how many of those local businesses understand that their masters are transferring significant litigation risk to them?
Probably zero.
It is a well-established legal principle that liability for deprivation of civil rights pursuant to 42 U.S.C. § 1983 is generally reserved for public entities acting under color of state law, however it can in some circumstances apply to private entities.
What does "color of state law" mean? It seems there are three tests, from the internets:
https://www.maddinhauser.com/civil-rights-exposure-of-private-entities-under-section-1983-avoiding-the-fray/"The Sixth Circuit recognizes three tests for determining whether a private entity is subject to Sec. 1983 exposure due to its association with a public body. See Memphis, TN Area Local American Postal Workers Union v. Memphis, 361 F.3d 898 (6th Cir. 2004).
The first is the public function test. This requires the private entity to exercise powers that are traditionally reserved to the state. For example, a contract that expressly delegates the functions of a state actor to a private entity, with that entity actually performing those functions, would likely create exposure.
The second is the state compulsion test. This requires a plaintiff to establish that the state actor encouraged or even coerced a private party to undertake a particular activity. If the private entity undertakes that activity, even if it is pressured to do so, it will likely be considered to have performed a governmental function under the color of state law.
The third is the nexus test. This requires a relationship between the state actor and private entity that is sufficiently close enough to attribute the private entity’s actions to the state. This test could be satisfied not only by the language of the contract between the parties, but the conduct of the private entity’s employees in performing that contract."
So there is no confusion about the strategy I'm floating here:
1. It's based on the reality that it's easy to sue private entities - our legal system is nefarious that way.
2. The totalitarians have defaulted to a strategy of outsourcing their evil to private businesses - but private businesses are extremely vulnerable to litigation, therefore their weapon is extremely fragile.
3. There's nothing to stop any lawful concealed carry permit holder from suing a private entity who forces them to disarm on their premises - as the State does on its premises - for deprivation of civil rights pursuant to 42 U.S.C. § 1983 - acting under color of state law, here in Hawaii. You in fact have a very long, visible train of evidence of State action to bring about this very end.
4. The objective is NOT the expectation of winning necessarily, but rather the horror and massive expense the business will experience for being a willing co-conspirator in the violation of the Bill of Rights. Ask any personal injury lawyer - business will just settle to get rid of the huge cost and distraction from business - it won't go to trial.
The totalitarians have already taxed and regulated local businesses to the point of extinction already - before they started leaning on them to violate the constitution for them - if businesses had any information to suggest they would be exposed to liability - all except for a tiny raving few would listen to the pitch, nod their heads, and then walk away having nothing to do with it.
I'm just putting this out there to stimulate some discussion, somewhere, among those who are properly knowledgable, to evaluate and capitalize on the weaknesses of the totalitarian's chosen strategy here.
It seems highly likely now that this is how it's going to go, so we need to think about effective responses to undermine them.