If I tell the cellphone user to put it away and they don't, I simply go to the usher and tell them that I saw that person trying to record the movie with their cellphone and I get them booted out. Yes, it's not very nice but I feel justified in my doing so.
I have to hand it to you, Foofie, and anyone who speaks up to tech etiquette offenders. There is a time and a place.
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