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Kiss of Arrest: Women Say They Were Unfairly Targeted at Mall

After she received a kiss on the cheek from her girlfriend, a Texas woman says a mall security officer and a sheriff deputy began harassing her. Now, Jessica Garcia will argue to a court that the mall unfairly targeted her and her girlfriend when they arrested them on trespassing and other charges.

Garcia has recounted the situation like this:

He said, "This is a family mall, y'all can't do this.” We said, "Do what?" He said, "Y'all kissed, and if y'all do it again I'm going to write you a citation or I'm going to kick y'all out."

The officers eventually told them to leave, but when they reentered the mall to get to their car, the officers accused them of trespassing. After a confrontation, the couple was arrested.

This story reminds me of the one from last Summer. An usher at a Seattle Mariners baseball game asked a lesbian couple to stop kissing because it was making another fan uncomfortable. Despite the similarities, being asked to stop kissing, and being arrested for it, are very different things!

Do you think an anti-PDA (gay or straight) policy violates civil liberties, or should malls be able to enforce whatever code of conduct they want?

Source

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milosmommy milosmommy 7 years
I'm way late to this convo so if anyone answers I'll be surprised. But wanted to add my two cents anyway. All people that were there and speak on who's right and wrong in this case then raise your hand.....no one...then I don't think anyone of us can take an offical stance. All we can say is that's an ufortunate incident and see how it pans out. And about them "returning" it says they went back to collect their car are they supposed to leave their car there and take the bus home???
lilbambam lilbambam 7 years
Actually, it wasn't a Kiss on the Cheek. They were laying on the bench, dry humping and making out. They were told that they had to go because they were acting Lewd or something, not for kissing while gay (Some others that work at the mall also told me the security guard was also gay). The officer told them they had a tresspass warning and not to come back. Apparently they thought they'd be funny and came back around the back door and when the security guard lady saw them and confronted them they attacked her or something. They went to jail for violating the trasspass warning thing and for fighting, not for being gay. (If you saw that little officer, he might be gay too.) sad this chick is trying to get out of charges for being a brute by dragging everyone else down and lyin.
lilbambam lilbambam 7 years
Actually, it wasn't a Kiss on the Cheek. They were laying on the bench, dry humping and making out. They were told that they had to go because they were acting Lewd or something, not for kissing while gay (Some others that work at the mall also told me the security guard was also gay). The officer told them they had a tresspass warning and not to come back. Apparently they thought they'd be funny and came back around the back door and when the security guard lady saw them and confronted them they attacked her or something. They went to jail for violating the trasspass warning thing and for fighting, not for being gay. (If you saw that little officer, he might be gay too.)sad this chick is trying to get out of charges for being a brute by dragging everyone else down and lyin.
pour-qua pour-qua 7 years
Malls are technically privately owned. But they are public places of business. So they need to operate within the sphere of equality towards their public. In other words, I bet that cop sees heterosexual teenagers necking every day of his life and does nothing, but lesbians? Uh oh, better ask them to leave! If he can refer to a policy in print and practice that censors affection in his mall for ALL couples "swappin' spit", then GO FOR IT. If he's just getting a little red in his collar because they are gay (the far more likely scenario), then he's a bigot and they were unjustly asked to leave.
pour-qua pour-qua 7 years
Malls are technically privately owned. But they are public places of business. So they need to operate within the sphere of equality towards their public.In other words, I bet that cop sees heterosexual teenagers necking every day of his life and does nothing, but lesbians? Uh oh, better ask them to leave!If he can refer to a policy in print and practice that censors affection in his mall for ALL couples "swappin' spit", then GO FOR IT. If he's just getting a little red in his collar because they are gay (the far more likely scenario), then he's a bigot and they were unjustly asked to leave.
nylorac nylorac 7 years
this security guard gives blart a run for his money.
CaterpillarGirl CaterpillarGirl 7 years
late to this post, but We dont know the whole story obviously, both sides have different stories. BUT because these women chose to come back even though they were told to leave, tells me that the officers were right to kick them out.
kristints kristints 7 years
People say that LGBT people aren't treated 'that badly', gosh isn't it just lovely that 2 people can't even peck on the cheek without being harassed?
momma-tikita momma-tikita 7 years
Yea your right Dave!
momma-tikita momma-tikita 7 years
Yea your right Dave!
hypnoticmix hypnoticmix 7 years
"BTW - my wife gives me a wet one every once in awhile, and I love it." I knew you were a Casanova Undave.
hypnoticmix hypnoticmix 7 years
"BTW - my wife gives me a wet one every once in awhile, and I love it."I knew you were a Casanova Undave.
hypnoticmix hypnoticmix 7 years
Alright I think what we've proved here is that (family _____) has many contexts. He doesn't have to be anti-gay for those words (in that situation) to be the wrong choice of words at the wrong time. Which I'm sure is one of the reasons why sensitivity training was offered to the Malls security. There's a reason to this madness folks. If he had any scruples as to how he should have approached the situation I guarantee his choice of words would have been other wise. IMO if the regulation is no PDA, stick to reciting the regulation with out interpretation.
hypnoticmix hypnoticmix 7 years
Alright I think what we've proved here is that (family _____) has many contexts.He doesn't have to be anti-gay for those words (in that situation) to be the wrong choice of words at the wrong time. Which I'm sure is one of the reasons why sensitivity training was offered to the Malls security. There's a reason to this madness folks. If he had any scruples as to how he should have approached the situation I guarantee his choice of words would have been other wise.IMO if the regulation is no PDA, stick to reciting the regulation with out interpretation.
UnDave35 UnDave35 7 years
The difference is I'm thinking that if you were to be caught by some rent-a-cop, and told to stop, you would, and then be respectful enough not to start again when the cop walks away, right? BTW - my wife gives me a wet one every once in awhile, and I love it.
UnDave35 UnDave35 7 years
The difference is I'm thinking that if you were to be caught by some rent-a-cop, and told to stop, you would, and then be respectful enough not to start again when the cop walks away, right?BTW - my wife gives me a wet one every once in awhile, and I love it.
momma-tikita momma-tikita 7 years
:oy: I dont know about you guys, but I remember being a teenager and being completely passionate with the guy I was with. LOL..I didn't care what people said! Now that Im married with kids..okay I'd be lying if I say I didn't! I still randomly give my husband a big wet one just to see the look on his face. Is that so bad? I dont care what someone walking by thinks of us...dont like it? Dont look. sorry if I sound bitchy ;)
momma-tikita momma-tikita 7 years
:oy:I dont know about you guys, but I remember being a teenager and being completely passionate with the guy I was with. LOL..I didn't care what people said!Now that Im married with kids..okay I'd be lying if I say I didn't! I still randomly give my husband a big wet one just to see the look on his face. Is that so bad?I dont care what someone walking by thinks of us...dont like it? Dont look.sorry if I sound bitchy ;)
Michelann Michelann 7 years
"Again Mich, you're certain the mall cop is telling the truth and the woman is lying. People in authority lie too. Do you know how easy it is to be accused of assault? Do you know whose job could be on the line, and who therefore has reason to bulk up his claims?" You don't know much about me or my general attitude toward cops (or rent-a-cops) but I'm usually the first person to believe they're lying or exaggerating the truth. However, after reading the linked article, it simply sounds more likely to me that the woman was not being fully truthful about what happened. But Lilkim is right that the more important fact is that we don't know for sure whose story is the truth. You say I'm assuming, but you're assuming that the woman is telling the truth. How is that better? So whether or not it's discrimination is not certain, or in any way obvious. And we certainly shouldn't jump to call this mall cop all sorts of nasty names and assume things about his personality. Now based on the agreed upon facts, we can be certain that the arrested woman did nothing to de-escalate the situation.
Michelann Michelann 7 years
"Again Mich, you're certain the mall cop is telling the truth and the woman is lying. People in authority lie too.Do you know how easy it is to be accused of assault? Do you know whose job could be on the line, and who therefore has reason to bulk up his claims?"You don't know much about me or my general attitude toward cops (or rent-a-cops) but I'm usually the first person to believe they're lying or exaggerating the truth. However, after reading the linked article, it simply sounds more likely to me that the woman was not being fully truthful about what happened. But Lilkim is right that the <i>more</i> important fact is that we don't know for sure whose story is the truth. You say I'm assuming, but you're assuming that the woman is telling the truth. How is that better? So whether or not it's discrimination is not certain, or in any way obvious. And we certainly shouldn't jump to call this mall cop all sorts of nasty names and assume things about his personality. Now based on the agreed upon facts, we can be certain that the arrested woman did nothing to de-escalate the situation.
StolzeMama StolzeMama 7 years
didn't mean to sound bitchy.
StolzeMama StolzeMama 7 years
didn't mean to sound bitchy.
StolzeMama StolzeMama 7 years
I'm "just sayin" is all.
StolzeMama StolzeMama 7 years
I'm "just sayin" is all.
StolzeMama StolzeMama 7 years
People are insinuating that because he said it is a "Family Mall" means he is anti-gay. It has no basis and is a ridiculous statement. I was just proving that implying that by saying "family" means he is anti gay has no footing. You weren't there and people over analyzing the use of a word to suit their purpose is no different than the way I used it.
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