I am a street performer in Los Angeles, a constitutionally protected form of expression. The area I work in is adjacent to a large, open-air shopping mall. It is my understanding that I should be allowed to perform on mall property, but mall security has a blanket "ban" on allowing street performers on property. I have disobeyed the security for years, slipping back over the property line if i saw them coming, or when they told me to leave.
Finally, a couple of months ago, they caught me and wouldn't let me leave. They made private person's arrest, i went to jail overnight, fought case until, day of trial, it was dismissed "in the interest of justice".
Mall security continues to threaten arrest should i enter onto their property, despite this failure to convict. What can i do?
Scary. The fist three respondents (with 2 additional lawyers agreeing, so far), all seem blissfully ignorant https://supreme.justia.com/us/447/74/case.html., and/or any of the other relevant cases, established as Law in California. It's private property. I am NOT trespassing. Wonder why i'm considering proceeding pro per?
Criminal Defense Attorney
It's private property. You're trespassing. You have no constitutionally protected right to trespass on private property.
The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.
Criminal Defense Attorney
Stay off their property. Are you willing to risk another more jail time and the time for trial to prove your wrong?
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The act is protected expression if the government were trying to silence you--but you can't do it where ever you want--being a street performer doesn't convey a free pass to tresspass on private property.
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