Legal Question in Consumer Law in Kansas

I was in the mall yesterday when a security gaurd pointed at me and said "you and the snake (my pet snake wrapped around my neck) need to leave now" when I asked for a reason he replied with, "its just one of those things" and then when I asked what rule I was breaking he replied, " if you dont leave the mall right now it will be considered trespassing and you will be banned from the mall for a year" I looked at all the doors and their code of conduct and no where did it say I was breaking any rules. Do I have a case?


Asked on 7/12/12, 8:51 am

1 Answer from Attorneys
Anthony Smith LawSmith

If the mall is owned by a governmental entitity, you may have a case. If it is a private shopping mall, probalby not. As long as you are not kept out for being a memeber of a protected class (i.e. race, gender, etc) private property is still private property. Private proeprty owners can prevent people they do not like from entering upon their property. You might call the property management company or owners and complain that they should put a sign up that say no snakes allowed, or something like that, so that you are not embarrassed in the future. Maybe they will decide that they like you and your snake, and therefore let you both come to the mall together.

Good luck

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Answered on 7/18/12, 2:40 pm


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