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In reply to the discussion: Professor Has Simple Way To Deal With Open Carry Activists(VIDEO at Link) [View all]branford
(4,462 posts)and you appear to have selectively read my post.
Dining without promptly paying is criminal theft, absent VERY, VERY unusual and exigent circumstances, such as large and spreading fire (and you still would be obligated to pay for your meal as soon as reasonably possible). Your fear, dislike, or contempt of an individual legally carrying a firearm, open or concealed, with the consent of the dining establishment, and otherwise not obviously breaking any other laws (e.g., brandishing), would most certainly not be considered an appropriate emergency or similar circumstance where you would be permitted to leave the restaurant without paying, and would almost certainly be precluded as a defense if charged with theft.
In addition to any criminal charges, a restaurant would also be permitted to sue you in civil court to recover the cost of your meal. As I previously stated, where open carry is legal, and no other criminal conduct occurred, it is extremely unlikely you would be able to argue that such conduct excused your leaving the restaurant without paying. Far more importantly, even if a court allowed such a pleading and a judge and/or jury believed your fear was reasonable, you still would be obligated to pay for your meal, and your "defense" would only protect you from supplemental penalties such as those arising from additional intentional torts like fraud and possibly some accrued interest.
Simply, if you order a meal, you will have to pay for it.