Professional equipment is not allowed in malls?

Started Oct 10, 2013 | Discussions thread
wombat661
Forum MemberPosts: 99
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Re: Exactly
In reply to JTC111, Oct 13, 2013

JTC111 wrote:

This has been addressed. The mall's rules must comply with all national, state, and local laws. The owner would also have to abide by whatever agreements were signed with the merchants. But outside of that, as long as they're doing that, they're free to make any rules they want.

As far as only allowing folks with Nikons to come to the mall, I know of no legal reason why a mall owner couldn't make that rule. It wouldn't be a smart rule which is likely why no one has done it so far as I know, but the number of stupid things we can legally do are plentiful.

If you're aware of a legal reason why such a rule could not be implemented, I'd be very interested in hearing it.

Your premise that "everyone needs to use the mall" deifies logic and reason. People are banned from malls all the time for various reasons, not all of them criminal. Once banned, those people find other ways to get the products they might have gotten at the mall.

The example you provide, wheelchair access, is a poor one. As mentioned, there are local, state, and federal laws that apply to commercial businesses regardless of the mall owner's feelings on those laws.

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Jim Caputo
"Red hair and black leather, my favorite color scheme" - Richard Thompson

Laws are constantly changing base on the general public's attitude. What was legal before photographing children are more or less illegal now (or will be very soon). If people's attitude is that mall owner can do whatever he/she please, then that will be law. At a fundamental level, once you have a property that the community use, you have an obligation to the community. Your rules has to be reasonable. Because now you have a monopoly on the community. It does not matter if there are ways around it. We can always go back to horse and buggy and use stone tablets. To say there are ways around it is not a good argument.

Just to be sure, there are people banned from the mall, and the owner can do that assuming they were banned for a good reason. ie: attempted murder. But they can't be banned because they used a Cannon instead of Nikon. That is not reasonable, and community should not accept that even. If an owner did that, then the public will need to make a law to make sure that does not happen. I don't like nanny laws, but laws giving people freedom, all for that.

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