Joan Bowman has lost another round in a long legal battle that started when she and her sister took popcorn into a Rexburg theater.
The Idaho Court of Appeals on Friday unanimously confirmed Bowman's conviction on charges of trespassing, battery and obstructing a police officer.In a key portion of the ruling, written by Judge Darrel Perry, the court said once the manager of the Holiday Theater asked Bowman and her sister to leave, they committed a trespass by refusing to do so.
"It is well-settled that a license (to enter a public place) is ordinarily revocable at will," the court said.
Although some states have a "general reasonableness" law, that a license to enter a public place can't be revoked unless a person does something to forfeit his or her right to be present, the Court of Appeals said that standard has not been adopted in Idaho.
Bowman and her sister, Susan Anderson, entered the Holiday Theater 30 months ago with a bag of popcorn purchased at another theater. When they refused the manager's demand that they throw the popcorn away before entering the theater, he called police.
Police testified the women refused their demand to leave and when they were being arrested for trespass, they fought, bit and spat upon the officers. Anderson didn't appeal. Bowman lost decisions at the magistrate and district court levels before Friday's ruling.