QUESTION
I was at the mall yesterday and a mall cop stopped me and said I wasn’t allowed to wear my hood, by law do I have to take my hood off?
Asked on Dec 15th, 2012 on Litigation - New York
12 ANSWERS
James Edward Smith
Yes.
Answered on May 21st, 2013 at 12:05 AM
1 Award
Probably. Most malls are private property. However, some are owned by the government. If it was a mall owned by the government, then you have a free speech right to wear the hood.
Answered on Dec 19th, 2012 at 5:47 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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He's lying but you mess with the Man, you be careful.
Answered on Dec 19th, 2012 at 4:43 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not aware of any such law.
Answered on Dec 19th, 2012 at 1:22 AM
Yes, because you're on personal property.
Answered on Dec 18th, 2012 at 3:58 AM
Michael J. Breczinski
I have never heard of such a thing but the mall is private property and they can ban things like that. They could also ban people wearing colors or gang symbols.
Answered on Dec 18th, 2012 at 3:58 AM
Thomas Edward Gates
Yes, the mall can establish their internal rule to be on site. If one does not like them, they are free to leave.
Answered on Dec 18th, 2012 at 3:56 AM
3 Awards
Do what you are asked by your Elders and by law enforcement. There is no reason to have a problem with people if you don't have to have an issue of conflict.
Answered on Dec 18th, 2012 at 3:56 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The mall can set whatever dress code it desires, just like restaurants can refuse to let you in if you aren't wearing shoes or a shirt. If they say no hoods, you have a choice of taking it off or leaving.
Answered on Dec 18th, 2012 at 3:55 AM
Professional Liability Attorney serving Brookline, MA
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Law Office of Robert Stolzberg
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It is private property; they can make that rule if they want to. But if they enforce it against minorities only, it might be illegal.
Answered on Dec 18th, 2012 at 3:55 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Technically speaking, a mall is "private property" even though the public is invited to it. So, they can decide that they don't want hooded people in it. On the one hand, it seems rather trivial for them to want people to remove their hoods, on the other hand, taking it off dosen't seem like too much to ask, after all you are indoors, so there is no need to have it on. I'd like to see them ask people to hitch up their britches.
Answered on Dec 18th, 2012 at 3:50 AM
Ronald A. Steinberg
Interesting question. You have the right to freedom of expression, however the mall is actually private property, and they can make their own rules. He is probably right.
Answered on Dec 18th, 2012 at 3:50 AM