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  • Man suing after store ban

    I think this goes here. There is a man in CA who was caught stealing from Home Depot. He was banned from every Home Depot in CA and is suing because he claims his rights were violated.
    https://consumerist.com/2016/08/05/d...at-home-depot/

  • #2
    Guy was wasting the court's time by suing on the grounds that it was an unconstitutional restriction on his freedom of movement. While the ban was part of his probation conditions (and therefore imposed by the state), and was overturned by the first court he sued in but upheld on appeal to a higher court, even if SCOTUS rules in his favour the ban can be easily (and "constitution-proof") reimposed by Home Depot (a private company, and therefore its actions aren't subject to constitutional prohibition on actions by government) banning him from its property.

    Seriously - he steals from Home Depot, and expects to be allowed back? Even if he needs to buy the sort of stuff they sell, he can go to one of their competitors.
    Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.

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    • #3
      I love it. "...the probation condition violates his constitutional right to travel." Well, what about the store's right not to allow in people it knows steal from the store?

      As an aside, I would've put this in the Check it out! board.
      Fool me once, shame on you. Fool me twice, you speak with the Fraud department. -- CrazedClerkthe2nd
      OW! Rolled my eyes too hard, saw my brain. -- Seanette
      she seems to top me in crazy, and I'm enough crazy for my family. -- Cooper
      Yes, I am evil. What's your point? -- Jester

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      • #4
        Guys...

        If yer ever not sure, or you wanna convey the message that a thread is in the wrong place, just report it, please. It won't get the OP in trouble (because they didn't do anything wrong), and it's the fastest way to bring it to our attention. You can even report your own posts. OK? OK.
        "For a musician, the SNES sound engine is like using Crayola Crayons. Nobuo Uematsu used Crayola Crayons to paint the Sistine Chapel." - Jeremy Jahns (re: "Dancing Mad")
        "The difference between an amateur and a master is that the master has failed way more times." - JoCat
        "Thinking is difficult, therefore let the herd pronounce judgment!" ~ Carl Jung
        "There's burning bridges, and then there's the lake just to fill it with gasoline." - Wiccy, reddit
        "Retail is a cruel master, and could very well be the most educational time of many people's lives, in its own twisted way." - me
        "Love keeps her in the air when she oughta fall down...tell you she's hurtin' 'fore she keens...makes her a home." - Capt. Malcolm Reynolds, "Serenity" (2005)
        Acts of Gord – Read it, Learn it, Love it!
        "Our psychic powers only work if the customer has a mind to read." - me

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        • #5
          But Eric why was it moved here? Shouldn't this be a check it out?

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          • #6
            Private property means nothing anymore. I should be able to sleep in the white house and not be thrown out by that logic.

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            • #7
              There's a vast difference between the government and private citizens, and this "ruling" violates the distinct line between the two. If I ban you I ban you, and the government has no more say in that than you do...

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              • #8
                Rephrasing what I posted earlier, he was suing on the grounds that his probation condition of staying away from Home Depot stores was an unconstitutional violation of his right to travel. This was the GOVERNMENT telling him to stay away from Home Depot. First court overturned the ban, a higher court reinstated it.

                If the ban had come from Home Depot (private entity - "you steal from us, you're not welcome to come back"), there would have been no grounds for him to sue (a private entity is well within its rights to ban anyone from their property for reasons other than their being a member of a protected group, and "people who stole from us" is not a protected group).
                Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.

                Comment


                • #9
                  And it sounds like the biggest factor (or at least the one they wanted to say was the biggest) was keeping him out of any parking lot with an HD opening onto it.

                  To me, that takes it out of the realm of flying-mammal-excrement crazy, and into that of ok-you're-pretty-odd crazy...
                  “There are two novels that can change a bookish fourteen-year old’s life: The Lord of the Rings and Atlas Shrugged.
                  One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world.
                  The other, of course, involves orcs." -- John Rogers

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                  • #10
                    I saw this a few days ago, and at first I thought it was ridiculous until I read the article. Its definitely going to be interesting as it does raise a really interesting and important question, can the government regulate access to private property? Its been pretty well established that the property owner and sometimes the tenant can, but the government? While there's a valid reason in this case, what's the next step? Somebody gets arrested for making pipe bombs, so they're banned from hardware stores? Ridiculous, but...
                    Seph
                    Taur10
                    "You're supposed to be the head of covert intelligence. Right now, I'm not seeing a hell of a lot of intelligence. Covert, overt, or otherwise!"-Lochley, B5, A View from the Gallery

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                    • #11
                      SnD - Should be in CIO now. Maybe the system didn't update the link properly. (It does leave a redirect at the original location automatically unless we tell it not to)
                      "For a musician, the SNES sound engine is like using Crayola Crayons. Nobuo Uematsu used Crayola Crayons to paint the Sistine Chapel." - Jeremy Jahns (re: "Dancing Mad")
                      "The difference between an amateur and a master is that the master has failed way more times." - JoCat
                      "Thinking is difficult, therefore let the herd pronounce judgment!" ~ Carl Jung
                      "There's burning bridges, and then there's the lake just to fill it with gasoline." - Wiccy, reddit
                      "Retail is a cruel master, and could very well be the most educational time of many people's lives, in its own twisted way." - me
                      "Love keeps her in the air when she oughta fall down...tell you she's hurtin' 'fore she keens...makes her a home." - Capt. Malcolm Reynolds, "Serenity" (2005)
                      Acts of Gord – Read it, Learn it, Love it!
                      "Our psychic powers only work if the customer has a mind to read." - me

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                      • #12
                        Quoth Javarod View Post
                        can the government regulate access to private property? Its been pretty well established that the property owner and sometimes the tenant can, but the government?
                        Sort of off topic: But isn't a restraining order sort of the government regulating access to private property? If the RO says the person isn't allowed within however many feet of the victims home or work, and it's enforced by police, isn't it sort of the same thing, just for a different reason?

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                        • #13
                          A RO is generally called for when the property owner has been unsuccessful in keeping the subject off of their property, and has asked the government to help him do so.
                          "For a musician, the SNES sound engine is like using Crayola Crayons. Nobuo Uematsu used Crayola Crayons to paint the Sistine Chapel." - Jeremy Jahns (re: "Dancing Mad")
                          "The difference between an amateur and a master is that the master has failed way more times." - JoCat
                          "Thinking is difficult, therefore let the herd pronounce judgment!" ~ Carl Jung
                          "There's burning bridges, and then there's the lake just to fill it with gasoline." - Wiccy, reddit
                          "Retail is a cruel master, and could very well be the most educational time of many people's lives, in its own twisted way." - me
                          "Love keeps her in the air when she oughta fall down...tell you she's hurtin' 'fore she keens...makes her a home." - Capt. Malcolm Reynolds, "Serenity" (2005)
                          Acts of Gord – Read it, Learn it, Love it!
                          "Our psychic powers only work if the customer has a mind to read." - me

                          Comment

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