Legal Question in Juvenile Dependency in Michigan

Juvenile Descrimination

Me and my friend were going to get a bag of chips from a local store when we realized the security guard was staring at us like a halk. We went to the other ile to see if he was going to follow us and he did. So we went back to the chips ile and he folowed us again we laughed because of it just before we were about to grab the chips he told us to leave accusing us of stealing so we were about to walk out the door when one of the workers at the front desk told us to never come back again or she was going to call the police.I was just wondering if that would be descriminatiom because of our age.


Asked on 8/07/00, 2:24 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Juvenile Descrimination

You point out a real dilemma that a lot of people face: what to do when store security is unfairly targeting you.

You don't say how old you are, but in any event, there's no sense baiting the guard: get what you went to shop for, pay for it and leave the store. If you are browsing and notice security bothering you, then approach the cashier NICELY and ask if there is a problem. Do they have a concern about you shopping there? If not, can you shop in peace because that man/woman over there is bothering you and you want to make sure that if it is store security, that you are not there to steal. If it's not store security, then you'd like the cashier to keep an eye on that person because they are creeping you out. Make direct (but NON-THREATENING) eye contact.

IF they call the police and you've done nothing, and they have no proof that you've done anything and you've been NICE the entire time, have no criminal record, etc. then you might consult a lawyer. I've had cases where people were unfairly thrown out of stores and did recover small amounts of "guilt money," but I prefer to tell people to try to deal with it directly, because "guilt money" changes very little. And, it's not easy to get. Maybe Feiger can get something out of Lord & Taylor, but I think he has a hard one there, even though a death is involved.

It's not always paranoia: often they DO target people because of age or race, what they look like. A few weeks back, my husband overheard gas attendants worried that a black woman was going to do a "drive off," when her husband was already in the store trying to pay for the gas (and she was sitting in the passenger seat)!! The man then told them loudly that they really should be concerned that that white man over there was going to steal something IN the store, because as for that woman out there? She's just waiting for him to pay for the gas with the money he held in his hand! Good for him!

Nothing to be done about prejudice but to confront it. Very little of the effects of prejudice can be dealt with in the courts. Who was it that talked about "hearts and minds"?

You have to understand that "they" (the guards)are trained to do it (whether by society or by their bosses), especially at the larger stores, where they use "profiles". We won't discuss the accuracy of those profiles, but just know that unless the guard is overly hostile, it's a job.

YOUR job is to stand up for your right to shop where you please without harassment. But, know that if you act out, the store has every right to ask you to leave and not come back. What may be "just having a bit of fun" to you, may cause them concern. Think about both sides of the equation, and if you feel they are being unfair, simply talk to the store personnel nicely and you may just see a change in the way they treat you.

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Answered on 9/14/00, 8:59 am


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