Professional equipment is not allowed in malls?

Started Oct 10, 2013 | Discussions thread
JTC111 Contributing Member • Posts: 505
Re: Exactly

wombat661 wrote:

There is fallacy in the logic that Malls or business are private properties, so the owners are allowed to do anything they want. That is the typical logic that if you own it, there should be no law that restrict what you can do.

There are different types of ownership. General properties like your house or cars or camera where everyone owns them, each person can do whatever they want in their house. Malls are not like house or cars. It is a limited resource to be shared by the community. Many towns have only one mall. All the people in the town go there to do business and support the mall. It does not make sense for everyone in a town to own a mall. There is simply not enough resource to allow for that. With that said, the person who happen to own the mall cannot just start creating rule. He/she cannot say only people with Nikons can come to the mall because there is a Nikon outlet there. The mall is treated like a public / private property. It falls in the region of both being a public property and private property. Because everyone need to use the mall, rules need to accommodate everyone. Example is owner of the mall need to install handicap access. They cannot simply say those customers can go elsewhere.

This pure theory of you can do whatever you want with your business gets more restricted the larger the business is, and the more impact the business has on a community. Now is a limited resource that needs to be shared in the community.

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
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