A case brief
CM308Z/05

Petr Masný

State vs. Stack

A)     Defendant 1: Shack – a staff attorney for a non pro oranization, Defendant 2: Tejeras - a
field worker for the same oranization.
Plaintiff: Tedasco – the owner

B)      Shack – an attorney and his co-worker Tejeras entered Tedasco´s property to provide medical
and legal services – specifically to remove stitches. Tedasco demanded that Shack and Tejeras need
a special permission to enter the property and access the laborers who need hepl. Shack and Tejeras
did not want to depart the property and were convicted of trespass and fined 50 USD each in the
first instance.

C)      The issue in this case is whether the owner has the right to bar governmenal services to
provide their services.

D)     The court reverse the rulling of the first instance and said that the owner has no right to
bar governmental services to provide their services. The court held that there is a First Amendment
right to enter the property and aid laborers. The owner´s right in his property is not absolute.

E)      The court pointed out that the property rights serve the human value and there is no
question about what is essential for human  health, wefare or dignity.