Man cited for entering city without ID

MEADOWLAKES, Texas (KXAN) - A Burnet lawyer is fighting for his right to drive into a city without having to identify himself - and the battle includes going to trial over a citation for doing just that.

A longtime Marble Falls resident of 40 years, Michael Lucksinger was cited for trespassing into the City of Meadowlakes last November when he failed to stop at the guardhouse that serves as the only access point into the city.

Meadowlakes is an incorporated city with its own City Hall within the gates, but uses the nearby Marble Falls post office.

Meadowlakes has an ordinance mandating that all nonresidents or members of the public stop at the gate, identify themselves and give their purpose for visiting the city.

Lucksinger said he was aware of the ordinance but finds it unconstitutional.

"They need to decide if they're a city or private subdivision," said Lucksinger who entered a not guilty plea in the case.

Here's the ordinance:

130.07 ACCESS TO MEADOWLAKES RESTRICTIONS.

POA (Property Owners Association) maintains rules and restrictions dealing with entry into the City of Meadowlakes. Right of permanent access has been granted to established and currently existing residents.

Non-resident property owners, guests and invitees of property owners or permanent residents and guests and invites of the Meadowlakes Country Club gain entry by temporary permit only as limited by the POA.

Provided the POA has posted proper no trespass signs and signs alerting persons that entry under false pretense is a trespass, the POA shall contact the City police and request prosecution for trespass pursuant to the State criminal statutes governing trespass.

Officials for both the City and municipal court declined to comment on the case and said it is a pending legal matter.

A pretrial hearing is set for Feb. 24, and Lucksinger said he is prepared for a jury trial in March.