Legal Question in Business Law in Virginia

Sneaking food/drink in theaters illegal?

In a business law class I was taught that bringing food/drink into a movie theater is not against any law. Instead, it is only a company policy which is technically in violation of some sort of trust/monopoly laws by requiring the customer to buy food or drink from that location. The theater could prohibit food, but if it allows food and drink they cannot prevent people from bringing in food from another business. Can you explain that any further or direct me to some more information regarding this issue?


Asked on 4/04/05, 9:43 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Sneaking food/drink in theaters illegal?

The theater is private property. Therefore, the theater can prohibit anyone from coming onto their property for any reason (except discriminating on the basis of race or gender).

As a condition for letting you on the property, they can say we won't let food in with you.

Therefore, if they chose to make you leave, you must leave. If you refused to leave, this could then turn into trespass and become a legal problem. If you stay without permission, they could charge you with trespass (although they are very unlikely to understand this sufficiently to do so).

But if they ask you to leave, just leave. That's all there is to it.

Private businesses are not governments and do not have the authority to pass such laws. I mean, imagine a business that declares that all money that anyone brings onto their property becomes the business' property and will be confiscated. Would that be legally enforceable? Of course not. How about a business that creates a "rule" that women must take off their clothes if they come into the theater. Would that be legally enforceable? Clearly not. What about a rule saying that by entering the private property (such as a theater or restaurant) women consent to engaging in sexual activity with the owner. Would any court enforce such a "rule?" No, of course not.

Businesses imagine that they can create all sorts of rules, but they do not have the power of a government.

All they can do is say don't come on our private property if you don't want to follow our rules. But they cannot enforce such rules, except to ask you to leave. So any owner of private property can ask you to leave, but they cannot enforce their rule beyond saying you're not welcome any more.

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Answered on 4/06/05, 12:31 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Sneaking food/drink in theaters illegal?

Not illegal, but it is prohibited by the property owner and a breach of your contract with the theater. Get caught and you will be pounding the pavement minus your $9. You are not a slave to the Hollywood movie moguls who feast on your monopoly-popcorn dollars. You have a choice. Be like Spartacus. Take your business to an art-house theater where the snacks (and movies) are more reasonably priced and the flix are far superior to the crap they show at your local multiplex. Rent a DVD and make some popcorn at home, isn't that what you bought that big-screen TV and DVD player for? Or make your own movie using your camcorder and PC.

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Answered on 4/04/05, 10:14 pm


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