Expert: Morgan Smith - 6/11/2011

Question
Hi Morgan

On 5/27/11 my friend and I were approached by two security guards at chesterfield towne center mall while we were sitting down eating our meal. One of them told me to not touch any women without her content. I said to him you can take a look at the camera and see for yourself what really happened. Then he insisted on repeating himself and they both walked away. About 5 minutes later a cop approached me from behind and asked me to leave my table and talk with him near the wall in the food court to join this guy who told me he was the manager of security at the mall when I asked him. The cop told me I was making all the women uncomfortable and they both told me if I ever talk to another women when I'm here I will be banned from their mall and property.

I've been to many bars, clubs, festivals and malls over the years practicing the venusian arts and this has never happened before.

Do you think we have any chance to win a lawsuit or a settlement against chesterfield towne center mall for harrassment, discrimination or for violating my first ammendment right to freedom of speech if I have footage from a hidden camera of me asking them what will happen if I talk to any women while I'm here and why?

Cause I know it's not what we know, but what we can prove.

If the answer is no, why not?

Sterling
http://myspace.com/codedecrypter
http://gbg.sterlinglowery.com
My free interesting newsletter http://sterlinglowery.com

Have a fun weekend

Answer
Dear sterling,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about harassment, discrimination and free speech.  

Harassment is defined by statute to have a very specific meaning, and from your facts, I cannot perceive enough that would support a non-frivolous suit.  Likewise, discrimination claims are based on defined protected class status; race, gender, age, disability status, etc.  Free speech claims pertain to government, not private action.

Without knowing what you were doing, I feel comfortable stating that a private property owner can remove a person for any reason, for example being disruptive, chewing loudly etc., as long as the owner isn't acting with some discriminatory purpose.

I suggest that you take your camera footage to a local attorney and get a reaction and opinion there about whether any conduct occurred that would support a non-frivolous suit.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law