Criminal Tresspass (no rules are posted)

What is the name of your state? texas

criminal tresspass and 2 yr. ban from mall

my husband, i and our 2 daughters are in the mall on sunday as we always are for our family outings. we are casually dressed and my husband in his usual...bandanna,tee-shirt,jeans and shoes. we buy movie tickets and browse the stores like always. before the movie we go outside to the mall smoking section so that we could smoke before the movie. we are then approached by mall security and my husband is asked to take off his bandanna or leave.

this has never happened to us! my husband is at the mall on a day to day basis with his bandanna on, and has never been asked to leave. Baffeled, my husband said there are no rules posted so....no. now security calls for backup and an officer. the head of security comes out with a piece of paper saying no bandannas allowed. why is this not posted we feel picked on we said, you have never asked us to leave we say. security said "well now we see you""take off your bandanna or leave"
we asked if we could get our money back for our movie tickets inside and were told yes by the head of security.....told yes. as my husband goes to get our money back the police officer stepped in and told him to leave after he just heard the security officer tell him to go in. my husband replied we would leave as soon as we got our money back. the officer then turned him around in a forceful manner cuffed him a and chared him with criminal tresspass and 2 yr ban.

how can they do this? there were no rules posted, i have take pictures with security permission of all entrances and there are no rules posted. this has never happened.
then.......how can the dispute be settled with security who said we could get our money and leave peacfully............but still get aressted!

we are confused and feel picked on........we understand that there are rules where ever you go but how do you know what they are if they are not posted? how is it also considered crimnal trespassing. what can we do? Thank you.

Business must be pretty bad there....so i suspect they want to upgrade the clientle by Harassing White Trash looking people.

So go back and DON'T look like White Trash and see if its YOU or YOUR LOOKS!

looking for sound advice not sarcasim.
thank you

"how can they do this?"
*** Very easily. The mall is private property and they have the right to make any rules of access or entry that they want (barring discrimination).

"there were no rules posted, i have take pictures with security permission of all entrances and there are no rules posted."
*** They don't need to post 'rules'. The notice can be, and was, given verbally.

"this has never happened."
*** Not relevant. Could be a new rule. Could be that he never wore that particular 'bandanna'. Could be that the mall personnel had not noticed it. Really doesn't matter whether it had happened before.

"then.......how can the dispute be settled with security who said we could get our money and leave peacfully............but still get aressted!"
*** Obviously, we are NOT hearing all the facts here. If he was told to not enter with the bandanna on.... and then tried to enter to get refund, that is trespassing. Why didn't YOU go back in and get the refund (assuming you weren't also barred entry)??

"we are confused and feel picked on........we understand that there are rules where ever you go but how do you know what they are if they are not posted?"
*** From your own post, NOTHING appears to have happened 'to you' until.... you were verbally noticed of the rule against the bandanna.... and decided to re-enter anyway. So, at the time of attempted re-entry, you KNEW of the rule.

"how is it also considered crimnal trespassing."
*** Again, very easily. He was told that he was NOT allowed on premises with the bandanna. He disobeyed that notice and re-entered anyway. BAM! That is 'criminal trespassing'.
Texas Penal Code:
"§ 30.05. Criminal Trespass
(a) A person commits an offense if he enters or remains on property, including an aircraft, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;"

"what can we do?"
*** HE needs to decide whether HE wants to plead guilty, or to plead not guilty and get a local attorney.

"Thank you."
*** You're welcome.

I agree with JETX and plain and simple, your husband was asked to leave private property and didn't.

I understand what you are saying, and is valid. but we did not try to"re-enter" we were given permission by head of security to enter and obtain the refund. we were told it was "o.k." but he got popped anyway with permission............sorry, something isnt right about that, (no disrespect to you please) Thank you

I appreciate all education I can recieve.

AllisonP said:

I understand what you are saying, and is valid. but we did not try to"re-enter" we were given permission by head of security to enter and obtain the refund. we were told it was "o.k." but he got popped anyway with permission............sorry, something isnt right about that, (no disrespect to you please) Thank you

I appreciate all education I can recieve.

Click to expand...

**A: I am sure that we have not heard the entire story and that there were words exchanged etc. The police officer was the officer in charge of the scene since the mall security called to request his presence. Therefore he/she ruled.

"but we did not try to"re-enter" we were given permission by head of security to enter"
*** Sorry, but this just does NOT make sense.... that WE were given permission to re-enter. I assume that there was either a condition (like "take off the do-rag") or that the "WE" did not include him.

Your latest post is also contradicted by your earlier one.
Here you say that you were "given permission to re-enter", yet your earlier post said, "as my husband goes to get our money back the police officer stepped in and told him to leave after he just heard the security officer tell him to go in. my husband replied we would leave as soon as we got our money back."
When the second 'officer' told him to leave (even contradictory of previous notice), the correct thing would NOT be to say, "As soon as we get our money back". He should have tried to explain the contradiction in 'orders' and asked how to get the refund. Assuming you didn't have the 'banned bandanna', YOU should have offered to go get the refund!! As you can see, there seems to be a LOT of confusion as to the specific facts.



Your original question was: "

And I am sure that the mall security and the police officer have their side of the story.