Man files suit after black employee tries to bag his groceries

[Modelworks]

Locking someone in the store or room while waiting for the police is actually legal in most states. You can detain someone while waiting for the police but what you cannot do is hold them and take them somewhere else, that is kidnapping. Detaining someone is holding them while waiting for police without harming the person. It is very similar to when police detain someone, they can place you in the car while they check all the facts but you are not under arrest.

If you were to lock someone in a room because you observed them committing a crime or wanted to press charges and did not call the police immediately then the person inside the room could press charges .

 

[MrMuppet]

So, the intolerant shopkeeper must prove probable cause then, in order to justify detaining religious people?

 

[waggy]

Yes, because last I checked it wasn't against the law to be a racist asshole.

The owner stood up for his employee. Great! He chose to do it in a way that gave this racist a further way to troll and potentially broke the law in the process. Not so good.

There is every indication the racist bought groceries both times. Not quite the same stand against racism.

If it were my store, I would have walked up to him after the first comment and told him we were choosing to not do business with him, that he needed to leave, and if he came back he would be trespassing.

It's that simple. Locking him in was stupid, especially if he was a trouble customer.

/this

also as modelsworks stated places can hold you. ONLY if you have commited a crime. usually done in shoplifting.

That is not what happened here (or so claimed). they locked him in to wait for the police to tell him he is not welcome anymore. he had not commited a crime so they can't hold him.

 

[TerryMathews]

Locking someone in the store or room while waiting for the police is actually legal in most states. You can detain someone while waiting for the police but what you cannot do is hold them and take them somewhere else, that is kidnapping. Detaining someone is holding them while waiting for police without harming the person. It is very similar to when police detain someone, they can place you in the car while they check all the facts but you are not under arrest.

If you were to lock someone in a room because you observed them committing a crime or wanted to press charges and did not call the police immediately then the person inside the room could press charges .

I don't believe you are correct, but I know you are wrong if the detained had committed no crime.

Nothing in the story indicates he was told he would be trespassing if he came back after the first visit and notification is a critical part of trespass.

 

[emperus]

Yes, because last I checked it wasn't against the law to be a racist asshole.

The owner stood up for his employee. Great! He chose to do it in a way that gave this racist a further way to troll and potentially broke the law in the process. Not so good.

There is every indication the racist bought groceries both times. Not quite the same stand against racism.

If it were my store, I would have walked up to him after the first comment and told him we were choosing to not do business with him, that he needed to leave, and if he came back he would be trespassing.

It's that simple. Locking him in was stupid, especially if he was a trouble customer.

I guess I shouldn't be shocked. Always in defense of the racist assholes. Nice creed. You going to send him money for his defense fund?

 

[TerryMathews]

I guess I shouldn't be shocked. Always in defense of the racist assholes. Nice creed. You going to send him money for his defense fund?

Why are you so blinded by race to see that two wrongs don't make a right?

 

[JKing106]

Why are you so blinded by race to see that two wrongs don't make a right?

Why are you always defending racist pieces of shit, and arguing a bullshit technicality? It's because your'e a racist piece of shit, too, and this time, you've shown your hand. Fuck you, douchebag.

 

[TerryMathews]

Why are you always defending racist pieces of shit, and arguing a bullshit technicality? It's because your'e a racist piece of shit, too, and this time, you've shown your hand. Fuck you, douchebag.

You're entitled to your opinion, but I've laid out how this situation should have been handled.

This racist piece of shit owned the owner, plain and simple. He incited him to a point where he made a legal mistake and by that standard he won.

It's sad. This guy doesn't deserve $.02 but he's going to end up with a nice settlement I think.

By the way JLK, I argue for liberty. Consistently. Has nothing to do with race. Which is more than anyone can say for you.

 

[waggy]

Why are you always defending racist pieces of shit, and arguing a bullshit technicality? It's because your'e a racist piece of shit, too, and this time, you've shown your hand. Fuck you, douchebag.

this is not just a race issue. there are actually 2 seperate problems.

1)the racist not wanting a black man to touch his food. witch in itself is idiotic. I am willing to bet many black men touched it. From production to transport it is handled. The owner/manager should have handled it the first time it happened. he should have escorted him out of the store and told him to not come back.

he didn't do that and the accusation is (again should be easy to prove one way or another) he locked him inside the store until the police got there to fill out a no trespass order. witch leads us to the 2nd and separate issue.

2) You can NOT hold someone captive when they have not committed a crime. While racism is distasteful it is not a crime but holding someone captive and not allowing them to leave is.

the owners/managers fucked up in how they dealt with it.

if the idiot can prove the store didn't allow him to leave he has a good lawsuit. though i doubt it will amount to anything. It's not going to shut the store down or hurt them in to much.

He will get his notice to not return ot the store (i suspect now that its known more stores will fallow suit).



edit: i want to talk about issue 1. this really flat out amazes me. Doe he have any idea how many people have touched it? what about when he goes out for dinner? it just seems so illogical that it does not make any sense at all.

 

[JKing106]

this is not just a race issue. there are actually 2 seperate problems.

1)the racist not wanting a black man to touch his food. witch in itself is idiotic. I am willing to bet many black men touched it. From production to transport it is handled. The owner/manager should have handled it the first time it happened. he should have escorted him out of the store and told him to not come back.

he didn't do that and the accusation is (again should be easy to prove one way or another) he locked him inside the store until the police got there to fill out a no trespass order. witch leads us to the 2nd and separate issue.

2) You can NOT hold someone captive when they have not committed a crime. While racism is distasteful it is not a crime but holding someone captive and not allowing them to leave is.

the owners/managers fucked up in how they dealt with it.

if the idiot can prove the store didn't allow him to leave he has a good lawsuit. though i doubt it will amount to anything. It's not going to shut the store down or hurt them in to much.

He will get his notice to not return ot the store (i suspect now that its known more stores will fallow suit).



edit: i want to talk about issue 1. this really flat out amazes me. Doe he have any idea how many people have touched it? what about when he goes out for dinner? it just seems so illogical that it does not make any sense at all.

You're reading to much into this. This guy went there to start shit. Period. He was trying to be cute and clever bringing "religion" into it. And when he got the cops called on him, he decided to start shit with the owner by claiming he was detained. That's it. A racist douchebag just wanting attention. He got it. No judge or jury will award him damages in a suit. NONE. He was being dick to be a dick, and got exactly what he deserved. Maybe he should move to Florida or Texas, where he could just shoot black people in "self defense" for touching his groceries, and walk.

 

[waggy]

You're reading to much into this. This guy went there to start shit. Period. He was trying to be cute and clever bringing "religion" into it. And when he got the cops called on him, he decided to start shit with the owner by claiming he was detained. That's it. A racist douchebag just wanting attention. He got it. No judge or jury will award him damages in a suit. NONE. He was being dick to be a dick, and got exactly what he deserved. Maybe he should move to Florida or Texas, where he could just shoot black people in "self defense" for touching his groceries, and walk.

not really. I'm looking at it from a law and business side.

the guy is a shithead no doubt. no i wouldn't want him or his kind in my store either. you get his name and adress and file out a complaint or next time you see him in the store you call the police then escort him out.

the mistake the store made (if true. i do have my doubts) is if they locked him in until the cops come. that is against the law.

there are 2 issues in the story. the law has to keep the separate.

 

[JKing106]

Even if a judge didn't throw out any suit this guy may bring, I still maintain that no judge or jury would award this guy anything in that suit, if it went THAT far. Who would be sympathetic? Except for the racists here, of course.

 

[waggy]

Even if a judge didn't throw out any suit this guy may bring, I still maintain that no judge or jury would award this guy anything in that suit, if it went THAT far. Who would be sympathetic? Except for the racists here, of course.

actually I doubt they would hear of the racist stuff since that and them holding him captive are 2 separate issues. not to mention i doubt it gets in front a jury. this would be something in front of a judge.

if he has the proof then he will win. a judge (and jury) are supposed to keep personal feeling out of the decision. IF he wins i doubt he will win much.

 

[CitizenKain]

Where does it mention he tried to leave after the doors were locked? Can you really be locked inside if you don't try to leave?

 

[TerryMathews]

Where does it mention he tried to leave after the doors were locked? Can you really be locked inside if you don't try to leave?

If he didn't try to leave how did he know the doors were locked?

 

[Don Vito Corleone]

If he didn't try to leave how did he know the doors were locked?

Presumably he may have seen it happen.

A few points of commentary:

This entire discussion seems to be premised on the presumption that this asswipe's allegation of having been "kidnapped" is true. It's quite possible he is outright lying and/or wildly mischaracterizing what happened.

Even if it were true that he was "kidnapped" (i.e., prevented from leaving the store), he will have to show damages in order to recover anything through a lawsuit. I very seriously doubt he could possibly establish any damages on these facts.

In practice, in order to prevail in his suit, he will have to find a jury willing to find in his favor. Based on his behavior he sounds like both a raging bigot and (due to his claims about his religious beliefs preventing him from letting a "Negroid" bag his groceries) either a total liar or a complete lunatic. If I were the insurance company I would not pay him one dime in settlement but would make him come to court and prove his case. Nine times out of ten he will lose and end up with a judgment against him for the store's costs of litigation.

 

[emperus]

When I posted earlier I had just read the last page. Having read the whole topic, I must say I am amazed that this many racists still exist in our society. Is it that I am living under a rock or does AT just attract an unproportional number of racists?

We have just one partial news account. Which in itself is outrageous. Yet we have a good number of people already setting up to find loopholes and defenses for him. He was locked in (yet we don't really know what happened). He should have been allowed to bag his own groceries (yet, nowhere in this article does it state he asked to). Why would anyone reflexively jump to his defense? Unless for you everything is a white/black struggle.

Post-racial society indeed.

 

[Geosurface]

The guy is a vile, racist asshole who is clearly lying about this religious bullshit to try to hide behind it.

I don't blame the store for not wanting him in there again, he was disruptive and a douche. How could that employee be expected to deal with the possibility that he could come in at any moment? Hostile work environment.

I also do not for one instant buy that he was locked in there, who ever heard of front doors on a grocery store that, when locked for the night, prevent exit in addition to entry?

 

[cybrsage]

When I posted earlier I had just read the last page. Having read the whole topic, I must say I am amazed that this many racists still exist in our society. Is it that I am living under a rock or does AT just attract an unproportional number of racists?

We have just one partial news account. Which in itself is outrageous. Yet we have a good number of people already setting up to find loopholes and defenses for him. He was locked in (yet we don't really know what happened). He should have been allowed to bag his own groceries (yet, nowhere in this article does it state he asked to). Why would anyone reflexively jump to his defense? Unless for you everything is a white/black struggle.

Post-racial society indeed.

The Internet allows people to do things they would never do in real life, so they are free to speak their minds. AT has a good number of racists on all sides (colors?) of things. Whites racist against whites, blacks racist against blacks, whites racists against everyone, blacks racist against everyone, hispanics racist against...on and on.

 

[TerryMathews]

Presumably he may have seen it happen.

Do you think that would make a difference vs trying to leave and discovering the door was locked?

 

[child of wonder]

We're not talking about respect or even acceptance here, we're talking about tolerance.

No one should have to tolerate anyone's religion either.

 

[cybrsage]

No one should have to tolerate anyone's religion either.

And in reality, most people do not. Many claim to be tolerant while being intolerant, though.