Court says shopping mall can't regulate what shoppers talk about

The mall ownes didn't want strangers talking to each other if they weren't talking about the mall, according to this story. The court says that's going too far. (Sacramento Bee)

Comments

[Sheila]

So can people who already know each other talk about sports, the weather, and the Jonas Brothers or Zsa Zsa Gabor without filling out a form?

[Jim]

you arent talking about the mall.
Citizens arrest, citizens arrest.
Barney Fife, mall cop!

[He Who Shall Not Be Named]

Be careful. Big Mall Brother is watching.

[batsu]

A "citizen's arrest" of a "law" made up by a mall, eh? There are so many things wrong with that it is not even funny. Does that mean McDonald's can slap you in cuffs if you don't order fries, too?

[Waffenmaus]

What about all those weirdos who try to get you to fill out questionaires in exchange for coupons? Once I got suckered into that, and they had me go into a room and drink little cups of coffee from one of those coffee pod machines - years before it hit the market. The coffee was "meh" and it took over an hour to fill out the form. When all was said and done, what did I get? Coupons for coffee pods with no expiration date! Yay! It took two more years before they were on the store shelf... what a crock.

If some preacher tried to convert me, I'd just try to convert him right back! That's how I roll, I do what I want, I run with ten gangs and we only commit hate crimes...

[Mike]

Deceptive write-up. This is just another in the long line of private property regulation of solicitation cases. The case involved some Jesus Freakers who were getting on customers' nerves.

[sometimesilie]

That's outrageous! What will these shoppers think up next- spending their money at other stores?

[yllek]

I don't want to register with the Sac Bee to read the article, but perhaps they are attempting to cut down on solicitors, beggers, and such. I can't believe that they would have a problem with people making small talk in line. There are a lot of crazy freakazoids in Sacramento that you might not want talking to you in the mall.

[Displaced]

The guy was definitely trying to drum up business for his church. But the women were in a conversation with him when the mall cops said it was against mall law. I don't know how they thought they could get away with that.

Is it that when people get annoyed they lose the ability to realize that laws/rules have to apply generally rather than specifically or that they can't manage such an understanding at all?

[David]

Actually yllek, they were asked about small talk and basically replied; "All the people need to do is come in 3 days before they want to make small talk and fill out an application to do so."

I won't be shopping anywhere that this company owns. All they needed to do to avoid panhandling and religious proselytizing would be to ban solicitation on their premises without specific permission. That would still allow small talk.

[KDP]

I read stories like this and it makes me ashamed to admit that I am a California Native. Then I realize what a relief it is not to live there anymore.

[A Pile of Pooh]

What David said above. Ban soliciting and kick out the street preachers. Problem solved.

This was a case of a zealous property manager going to ridiculous extremes without consulting higher legal authority. If you've ever spent any time dealing with property management companies, you know that they're usually full of, ah... sub-intelligent people.

[Phranqlin]

So if I wanted to tell the mall spokesbitch that she's a soulless corporate tool, I'd have to apply in writing three days in advance?

[jj]

First we can't smoke, now we can't talk. Where is this all going to end?

[Boba Fett]

"First we can't smoke, now we can't talk. Where is this all going to end?"

@jj...that's simple. When we are all in a deep dark hole, burned to ashes, or have our head frozen in a cryogenic chamber....

[Rock Marine]

Next they will want to ban the picnic table, and the family dog.

[David]

Well, Phranqlin... I think if you said; "Mall spokesbitch;you are a soulless corporate tool and the mall has a great air-conditioning setting." you might be able to get around the 3-day small-talk application rule.

But I don't know for sure.

[mybrainhurts]

Jeez, you people talk like the thought police is a bad thing. Frankly, I'm comforted by people in positions of self-perceived authority telling me what to think, say, and do.

Why, thank you, I DO love to shop at Forever 21. And yes, I'd be happy to publicly cheer the fantastic-and-not-at-all-draconian practices in your well-managed business/institution. I love you. I really, really love you. Now, kiss me, you fool. I must run to the polls to vote.

[Sigh]

This gives me the skeevies like HOAs do.

[buddy]

they treat their mall like jim treats this website

[RockyMtnMac]

No verbal communication. Sign language, then? Do you know what this finger means?

[American Veteran]

I can't believe none of you clowns didn't say anything about the christ pusher's name.
He ought to be a priest.lol

[LimeGreenLizard]

"The panel reversed Placer Superior Court Judge Larry D. Gaddis' ruling in favor of Westfield LLC and sent the case back to him for further proceedings."

The panel's single response Gaddis' ruling?

"WTF were you thinking?"

Really, what kindergarten teacher thought she/he could get away with violation of free speech in this country? And they still defend it? Sounds like some of the people I now work for.

[Krash]

I don't register for on-line news...sorry Jim...but if Mike is correct about the Story, then I think they are correct to stop the Jesus freaks from harassing people too nice and unassertive to tell them to get the Flock away!

It IS just the same as Solicitation and it IS Private property.
It is NOT "Thought Police", but a Right to keep your mall open and inviting to people who will spend money.

[Krash]

@ LGL

You ARE exercising Free Speech...hell, start a Blog and type what you want...it's your "Field of Dreams". Just don't bother strangers at my shopping mall. We KNOW from body language when someone is in a conversation they'd rather NOT be in...and we have a right to minimize stress on our clients as we see fit.

[johnjohn]

But, but, it is not fascism if WE do it!

[C Dauod Huk]

In addition to:

-Lacking a grasp of what might not be a legal or enforceable policy

-Not being mentally flexible enough to implement an other than a blanket policy banning all casual conversation if their aim was only to prevent preachers etc

The owners of the mall seem to not be aware of a big reason many people go to malls - the possibility of making new acquaintances. This is one of the reasons malls were invented - to lure people to the stores renting space in the mall with the promise of being around people and maybe leaving with something that most people value more than anything they can buy in the mall - a new acquaintance, friend or, well, you know...

[kasumi]

How about just making the rule "No harassing the customers" or "Don't try to sell your religion in our store"