Archived posting to the Leica Users Group, 2001/06/21
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]> You are taking pictures in a shopping mall which forbids photography. Did they post this anywhere? How is someone supposed to know they "forbid" it? > In > most U.S. jurisdictions, the owner of a mall has the right to forbid > photography on the premises. Under what laws? I claim that the type of photographs I am taking have nothing to do with the first amendment. None of the cases you cited had anything to do with taking personal pictures. The center IS being used for family activity, and as such, I contend my photographing has relation to my activity there. > The owner (or his agent) askes you > to stop and > you refuse. The owner asks you to leave. You again refuse and > continue your > picture taking. You are now committing a criminal trespass which > is defined > in most jurisdictions as remaining on private property without the owner's > permission. If the owner did not have a good reason to ask you to leave, since you are not breaking any laws, I would believe the trespassing would not stick, providing you do have legitimate business in the mall. I think you'd have a good case for harassment or discrimination of some kind...if the mall did try such a stunt. > The owner has the right to reasonably detain > you while he calls the police. Although you have been refusing to > leave, you > might take off running when you realize that he's really calling > the police. So? That is the solution to the problem, you are now leaving. How is that a problem? I think the key is "reasonably". Claiming trespassing because you refuse to leave a very public place (though it is privately owned, but you have been invited there technically) for doing nothing illegal, is not reasonable. > because you > insist on a continuing course of conduct that he may legally > forbid, How can someone legally forbid me from documenting (photographing) something my family is doing? If I was annoying other patrons, that would be reason to ask me to stop, but that is not the case.