Man cited for entering city without ID

MEADOWLAKES, Texas (KXAN) - Gaining entry into the incorporated city of Meadowlakes , which lies behind a privately staffed guard gate, means non-residents of the city must stop and get a permit.

Getting a permit is not an option, but an enforced ordinance .

"If you are not a citizen, you are supposed to stop at the guard gate, talk to the security guard, tell him where you are going and why you are going," said Michael Lucksinger, a Burnet attorney , who was cited for trespassing into the City of Meadowlakes last November after he failed to stop at the guardhouse  that serves as the only access point into the city.

Lucksinger said he knowingly disobeyed the ordinance.

"They are using the power of the state in order to elicit personal information from you when you come into their city," Lucksinger, who has lived in Marble Falls for the past 40 years, explained.

Meadowlakes city and court officials declined to talk to KXAN on camera, but did say non-residents who pull up are asked where they are heading and how long they are staying so they can be issued a pass.

All cars are also captured on surveillance cameras mounted on the guardhouse and their tags are written down.

"I understand their need for protection, but I think their are other means to do it other than stopping people basically at a traffic stop and eliciting private information," Lucksinger said.

Now, Lucksinger is fighting the citation.

At his arraignment last Thursday he pled not guilty and filed a motion to quash the charge he deems unconstitutional.

"If they are going to be a city, they ought to be open, like any other municipality. They have a public golf course, they have public courts, they have a public City Hall and I have to ask permission?" Lucksinger asked. "They need to decide if they're a city or private subdivision."

Michael said he is fighting this citation also for his friends, some of which are also confused by the rules and feels signs out front calling Meadowlakes a "friendly gated community" are misleading.

Meadowlakes Mayor John Aaron said this is not a city government problem, even though they write and adopt the ordinances, because trespassing is a state law.

A pre-trial hearing is set in this case for February 24th. 

Lucksinger said if his case isn't thrown out, he will be ready for a jury trial in March.

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.