Legalities of Mall Security

I believe Dr. Ben is correct. At least here in California.

Since someone else revived this thread from 2004 and the comments at that time were often inaccurate, I would like to add something.

 

A store or mall is a "private space open to the public". As such the default rule is that photographers can take pictures freely, just as they could in a "public space", without the permission of subjects or property owners. There are two exceptions to the general rule:

 

1. There is a highly visible sign that prohibits or limits photography or imposes conditions;

2. An agent of the owner/occupant tells you to stop taking pictures. In that case, you cannot be forced to erase pictures already taken and your camera cannot legally be confiscated.

 

You cannot be detained or be required to identify yourself. If you continue to take photos, the police can be called and you might be charged with criminal trespass. If a security guard or other person prevents you from leaving, he or she would could be charged with illegal confinement.

 

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While Mr. Evans is somewhat correct ~ the signs DO NOT have to be HIGHLY VISIBLE. (Placed where the majority of mall visitors can see them). Here in America, many malls have a complete set of 'rules' posted by the restrooms.

 

The rules not only cover photography, they outline specifically unacceptable behavior, horseplay and alcohol use...and the open carry or concealed carry of firearms and/or dangerous weapons. In addition to that, ( and contrary to popular belief ) you CAN have your camera confiscated and the photographs can be erased by mall security or an actual officer of the law. You WILL certainly have an action against the person who did that, best of luck trying to collect!

 

A reminder; you should always consult a local attorney if you have questions about any photographic activity - it is a very poor choice to rely on the musings of someone who does not live in this country for legal advice!

blimey, talk about a complex issue. it would surely help potential mall photographers to be able to "quote" famous photographers, who'd made a name photographing malls, to law enforcement agents to help diffuse the situation.

blimey, talk about a complex issue. it would surely help potential mall photographers to be able to "quote" famous photographers, who'd made a name photographing malls, to law enforcement agents to help diffuse the situation.

 

 

There is indeed a venue for that ~ it's called "going to COURT." Again, best of luck...

__________________________________________________________________________________________________________________________________________

While Mr. Evans is somewhat correct ~ the signs DO NOT have to be HIGHLY VISIBLE. (Placed where the majority of mall visitors can see them). Here in America, many malls have a complete set of 'rules' posted by the restrooms.

 

The rules not only cover photography, they outline specifically unacceptable behavior, horseplay and alcohol use...and the open carry or concealed carry of firearms and/or dangerous weapons. In addition to that, ( and contrary to popular belief ) you CAN have your camera confiscated and the photographs can be erased by mall security or an actual officer of the law. You WILL certainly have an action against the person who did that, best of luck trying to collect!

 

A reminder; you should always consult a local attorney if you have questions about any photographic activity - it is a very poor choice to rely on the musings of someone who does not live in this country for legal advice!

 

Perhaps you would prefer information from the ACLU, which has won several landmark cases in this area. They have a 10 slide presentation on the subject of photographers' rights.

 

"When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner's rules, they can order you off their property (and have you arrested for trespassing if you do not comply)."

 

The other slides explain that NO ONE, not even the police can seize your camera, force you to erase it or even show your photos. The exception is in very narrow circumstances where a warrant is issued by a judge upon an affidavit of probable cause by a police officer.

 

See the slideshow:

Photographers - What To Do If You Are Stopped Or Detained For Taking Photographs

 

Sometimes, if is better to have the "musings" of someone outside a country than the incorrect remarks of someone living in the country. :D

Benoit Evans,

 

 

Well, it happened to ME, and regardless of how many ACLU PowerPoint Presentations you cite, my personal experience trumps your google research! So please, my dear, stop the Rhetorically Verbose Do***eb**ery...no one is amused!

(Edited response)

 

Jennifer Ellis, I'm a lawyer in PA, USA. Nothing I write is legal advice.

Answered Jun 8, 2016 · Upvoted by Adam Nyhan, Attorney at Opticliff Law

 

Generally, in the United States, it is illegal for a non-lawyer to give legal advice with or without a disclaimer. I would say it is illegal in every state, but I have not checked the law in every state.

 

Anyone can offer an opinion, understand. But actually providing legal advice is generally within the domain of a licensed lawyer. And even in the case of licensed attorneys, if you give legal advice in a state where you are not licensed, and you do not fall within an appropriate exception, you too are practicing law without a license.

 

Therefore, I can offer broad, educational information to someone in New York, just like any other non-lawyer, but I cannot provide legal advice. On the other hand, I can provide legal advice in Pennsylvania, which is where I am licensed.

 

 

A reminder that a contributor to this conversation is not a doctor, attorney or US citizen.

Moderator Note:

This conversation is at a position where it could become (more) personal.

It would be best if that doesn’t happen.

Thank you.

General practical rule of shooting at malls. You can take pictures until security tells you to stop.