California, constitution, shopping mall, security guard, public fora, first amendment, trespass, false arrest, imprisonment

Asked 9 months ago - Los Angeles, CA

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?

Additional information

Scary. The fist three respondents (with 2 additional lawyers agreeing, so far), all seem blissfully ignorant, 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?

Attorney answers (3)

  1. Michael Moshe Levin

    Contributor Level 15


    Lawyers agree

    Answered . 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... more
  2. Michael Kevin Cernyar


    Contributor Level 20


    Lawyers agree

    Answered . Stay off their property. Are you willing to risk another more jail time and the time for trial to prove your wrong?

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Rixon Charles Rafter III

    Contributor Level 20


    Lawyer agrees

    Answered . 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.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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