Unlawful...law enforcement?

Question

Recently I was involved with this girl at the mall, her mother works at the mall, and eventually caught us together...her mother is homophobic, and has asked the guards to watch out incase I come to the mall- so they will make sure I stay away from her daughter..Her daughter has to hide from cameras and such when we meet..I can't be seen either..Her mother said that if we are caught hanging out together, I'll have to be held in mall security, is this legal? or just plain homophobic?

Answer 1

Sounds suspicious.  The mall is a public place and you have the right to go to a public place.  If the girl works at the mall, and so does her mother, then stay away from the mall when the mom is working.  Also, to prevent the girl getting fired, stay away from the girl when she is working.  As to that, unless the girl is a minor or you have threatened her, the mother has no right to order you to stay away using mall security.  She is just trying to scare you.

Answer 2

Doesn't sound legal to me.  As long as you're not causing a disturbance, you and your friend have every right to meet wherever you choose.  Her mom has issues that are out of your control, and if she feels as strongly as you, she should confront her mother.

Answer 3

If you are detained by mall security and they have no reason to believe that you have committed a crime it is kidnapping.  If they try it I would let them know that you will press charges.  

However, as others have pointed out.  The mall is probably private property and they are within their rights to refuse to allow you to enter unless that decision is based upon discrimination against a protected class.

If homosexuals are a protected class in your state then they cannot deny you enterance to the mall on that basis anymore than the could deny enterance to someone based upon their race, gender or religion.

Answer 4

well most malls/shopping centers are privately owned.

if it's privately owned it's private property and anyone can be told to leave, not return etc

if the mother spoke to the owners about this, and your gal pal is under 18yo she might have been able to talk them in to issuing an order for you not to trespass or return to the mall.

you should be given a copy of this if this is the case.

otherwise she would have to acquire a nco, no contact order, from the courts/police to keep you away from the daughter, again if she is under 18yo

you don't have to break the law to be told to leave private property.

pay attention to the signs posted at the mall and other businesses that go something like...

we have the right to refuse service to anyone for any reason

Answer 5

Sounds weird to me. Then again, I don't know her daughter or you.

Answer 6

It's legal.  Businesses have the right to refuse service to anyone for any reason.  Malls are privately owned and therefore have that right.

Answer 7

Don't worry about it, she's bluffing.  There is no law banning homosexual relations (if you two are really together) and in fact, there is a law allowing for freedom of association (First Amendment).  Don't worry about the mom, keep hanging out with the girl and having fun.  No one will bother you.  

Answer 8

There are a few details left out, such as:

How old are you?  How old is the girl?

If you are an adult and she is a minor, mother might have some concerns about what you intend to do with her daughter.

If you are both minors, mother still has the right to say what her daughter does and does not do.

Different states have different laws regarding being detained by mall security or other private security.