An owner of private property such as a shopping mall has the right to make rules and regulations regarding the use of the property. If a shopping mall owner wishes to ban colored bandanas because of potential gang problems, that is well within their prerogative to do so. Mr. Tate had no right to disobey an apparently lawful request for him to leave the property. From the facts described in the article, it appears that he resisted a lawful citizen’s arrest for trespassing.
Perhaps the most amusing part of the whole article was when the family consulted Andre Zeehandelaar, described as a “retired” attorney. Mr. Zeehandelaar isn’t retired; he was disbarred by the State Bar of California for unethical behavior after less than 10 years as an attorney. In a battle of credibility, I think that mall security would prevail over Mr. Tate and his “retired” attorney.
About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.