When Good is Evil and Evil is Good……….
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Originally posted by Quackerbox View PostCurious as to how?
As absurd as the 'complaint' is, the mall is still private property and they have the right to refuse entry to anyone they want. I think your fight is with the mall or who ever was offended.
From a police perspective trespassing is trespassing.
From the Civil Rights Act of 1964, it is discrimination based on sex, religion, national origin, etc. A business that provides public accommodations is not allowed to discriminate.
If a person is removed from a business open to the public based on his religion, I think his lawyer will be negotiating how many zeros the company will add to the check.
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Originally posted by sotx View PostI would bet there is more to this story than what the media or twittersphere is spoon feeding everyone. Oh the outrage of the day!
Apparently he was allowed to stay so it would probably mitigate any damages.
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Originally posted by Quackerbox View PostCurious as to how?
As absurd as the 'complaint' is, the mall is still private property and they have the right to refuse entry to anyone they want. I think your fight is with the mall or who ever was offended.
But, if it's a removal/refusal of entry based on protected rights(religion being one of them) then the mall cannot legally do that.
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Im sure there is much more to the video than we are seeing. They mentioned him talking. Maybe be was preaching some craziness which sparked it.
If its over just a shirt, whoever fielded the call should have told the caller theyd get right on it, hung up and went back to browsing the net. Not called Paul Blart
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Originally posted by Quackerbox View PostIm sure there is much more to the video than we are seeing. They mentioned him talking. Maybe be was preaching some craziness which sparked it.
If its over just a shirt, whoever fielded the call should have told the caller theyd get right on it, hung up and went back to browsing the net. Not called Paul Blart
Throwing a religious symbol into it is where the mall cop almost certainly crossed a legal line that may make him and his company wish that he had not done.
I would refer to Chaplinsky v. NH from the US Supreme Court.
Chaplinsky was preaching and handing out literature for his beliefs as a Jehovah’s Witness. He was apparently giving a “My Jesus is better than your Jesus” speech and it was making people mad. His preaching in public was protected in the First Amendment under rights of assembly, free speech and religion. He also had the right to redress the government for his grievance, which he later did. Ol’ Chaplinsky managed to use 4 of the 5 rights guaranteed by the First Amendment and all in one incident. He obviously had the right in a public place to give his views. His problem happened when he got a but testy when the police asking him to move along under a disorderly conduct city ordinance when he was yelling at the people that all other religions were racketeers. . Chaplinsky then started calling the police something like a bunch of God ()@!$ racketeers, the entire city was a bunch of fascists along with the police, etc. He was really inflaming the crowd. That’s when the police hooked him up for disorderly conduct.
He managed to fight his case all the way to the Supreme Court, maintaining his right to freedom of speech in a public place. A unanimous Supreme Court ruled that his rights ended when his speech crossed the line into “fighting words”.
Assuming this guy was causing a disturbance such as screaming or using profanity or racial slurs towards someone, tell him that he is causing a disturbance and ask him to leave.
If the mall cops were trying to fish for a better reason to justify their actions, they probably screwed up.
In my opinion ……
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Originally posted by Quackerbox View Postyes
would it be good for business, probably not
In the end the mall cops could have arrested the dude (in Texas at least) for criminal trespass.
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Originally posted by friscopaint View PostMall cops have no "arresting" authority........and better be extremely careful in attempting to detain......now a police officer working a side gig at job will have some more latitude to
I don’t suggest that people try to do so in most cases.
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