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  • Curfiew policies?

    Recently my mall on Friday and Saturday nights has set up a curfiew. Anyone 16 years old and younger must be accomanied by someone 21 years of age or older. Do any of you guys have similar policies at your mall?
    Last edited by FlashLightCop; 02-17-2007, 12:41 AM.

  • #2
    Not in CT

    However, I like the idea. In fact, I would support a curfew for teens in all towns. When I grew up, we had a curfew for the city that I lived in: Under 18? Home by midnight.
    Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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    • #3
      Private property owners can create curfews even when the state considers it unconstitutional, because its not a state action. The person restricted under curfew policy, so long as the curfew is not a protected status thing (NO BLACKS AFTER 7 PM - MGMT.), is still free to go elsewhere.

      While the person is under pain of law to leave, they are under pain of law for criminal trespass, not a curfew ordinance itself.

      I've worked several properties that had a 10 PM curfew for all persons on the property in common areas. If you were a resident, you were written up for being outside after 10 PM unless going to and from your vehicle or mail-box. If you were a non-resident, automatic removal. If you were a non-resident with a resident, the resident gets written up and you either go in with the resident or the non-resident leaves.
      Some Kind of Commando Leader

      "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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      • #4
        Curfiew

        The system we have in place is taking place on Friday and Saturday Nights from 4 PM to 10 PM. The policy states that anyone 16 years old AND under must be accompanied by someone that is 21 years of age or older. Those that are 16 years old or younger that are found to be without an eligable escort, the minor will be escorted to one of the parental pick up areas. Once taken to the parental pick up area, the child may choose to call the parent or we make the choice to do so. This system has worked seamlessly since we adopted it. There is an officer posted at each entrance checking IDs of ANYONE who may look like they are in the three year mark of 16 years old. If there is no ID, then the child is still escorted to the parental pick up point.

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        • #5
          Originally posted by FlashLightCop
          The system we have in place is taking place on Friday and Saturday Nights from 4 PM to 10 PM. The policy states that anyone 16 years old AND under must be accompanied by someone that is 21 years of age or older. Those that are 16 years old or younger that are found to be without an eligable escort, the minor will be escorted to one of the parental pick up areas. Once taken to the parental pick up area, the child may choose to call the parent or we make the choice to do so. This system has worked seamlessly since we adopted it. There is an officer posted at each entrance checking IDs of ANYONE who may look like they are in the three year mark of 16 years old. If there is no ID, then the child is still escorted to the parental pick up point.
          I don't mean to complain, but what you're doing sounds highly illegal and could easily have you facing criminal charges. There's nothing in the law that allows you to detain the child (unless they're committed a crime) and by holding them until their parents pick them up you are in effect unlawfully restraining/false imprisoning them. You don't have the authority, unlike say a schoolteacher, to be acting in the place of the parent. Besides, you mention that if they can't/won't ID themselves and look like they might be a child you detain them. What if it turns out they're 18 or 19? You have then in fact detained an adult.

          You would be much better off simply telling them to leave, trespassing them if necessary.

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          • #6
            Options

            Originally posted by bigshotceo
            I don't mean to complain, but what you're doing sounds highly illegal and could easily have you facing criminal charges. There's nothing in the law that allows you to detain the child (unless they're committed a crime) and by holding them until their parents pick them up you are in effect unlawfully restraining/false imprisoning them. You don't have the authority, unlike say a schoolteacher, to be acting in the place of the parent. Besides, you mention that if they can't/won't ID themselves and look like they might be a child you detain them. What if it turns out they're 18 or 19? You have then in fact detained an adult.

            You would be much better off simply telling them to leave, trespassing them if necessary.
            I agree with your initial thought of this program. I only described it in its most basic sense. Actually, the parental pick up area is an option that the children can take. However, if the children want to remain inside the common area of the mall, their only options are to either go to the parental pick up area or inside a store. If the adolescent wishes not to take either of those options, then they will end up leaving. If the person is too young to be escorted off property, then it will turn into a police matter. As this can turn into a child abandonment issue. The parental pick up area is designed as an area of convenience only and it also has a phone available to they can call their parents. You are right, we cannot detain them, or ask that they stay there. We can suggest that they do, but they still have the room to choose not to. They cannot roam the mall unattended. I have had people openly refuse to go to the parental pick up. I then presented them with the option of going inside a store and waiting for your parents, or leaving. If the underaged persons tell me that they would rather leave, they are free to do so and will be provided an escort off property.

            As far as child abandonment goes, I have seen parents drop off their ten year children and placing the ten year old in charge of the five year old sibling. I remember the night I approached those kids and they told me that their parents dropped them off (at my mall) while the parents went out to the movies. This occurred when we were having gang problems. At that point in time, I could not let those younger kids just roam the mall. That would be negligent on our part. For their safety, I escorted them to my office and notified police and they took it from there. Sometimes even if there is no criminal activity committed, you still have to make what I would call a retention. As security officers, we are also responsible for the safety of those that come to our malls.

            The parents for the longest time, would be dropping off their kids and expecting us to babysit their children while they would be out somewhere else in town shirking their responsibilities as parents. For the safety of the children, this is another reason we adopted the parental guidence required policy.

            In my earlier post, I was only describing the basic principle of the program. I probably should have described it in more detail, though I only gave you the nutshell version.
            Last edited by FlashLightCop; 02-18-2007, 04:39 AM.

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            • #7
              If I ran security for a place like a mall, I would talk to a legal advisor about "Protective Custody" laws in your state. In some cases if there is an expectation of protection by your staff you may be held; if not criminally, civilly; liable if you kick someone such as an adolescent, off the property and harm comes to them.
              "Alright guys listen up, ya'll have probably heard this before, Jackson vs. Securiplex corporation; I am a private security officer, I have no State or governmental authority. I stand as an ordinary citizen. I have no right to; detain, interrogate or otherwise interfere with your personal property-... basically all that means is I'm a cop."-Officer Ernie
              "The Curve" 1998

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              • #8
                Safety responsibility

                Yes, we here in Missouri are in fact responsible for the safety of ejected persons. If harm does come their way, we can be held criminally and civily responsible.

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                • #9
                  The Mall Management at my mall are working out the details of a "Parental Guidance Policy". They are covering all the bases from having meetings with City officials, District attorney's etc. This will be implemented sometime in the spring.

                  One thing I will note, in the 5 years Ive worked at the mall, the management has been very good at implementing new things, they think them through and not just create a "spur of the moment" policy.

                  I also know we are on a hiring spree, to prepare for the implementation of the PGR. But, I should note, we are not hiring just a warm body, they are being selective, which is a good thing!

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                  • #10
                    Pgr

                    We have had PGR at my mall for about a month. So far, I am pleased with the turn out. The only thing now, is the fact that more kids are opting to wait inside anchor stores or completely leave before they go to the parental pick up point. We "Highly Recommend" that they have to go to a pick up point. There is nothing saying that they have too, unless its a ten year old wondering out amongst violence or among the patrons most likely to create it. The way our PGR is set up is thaat there must be an officer at each entrance. This program only takes place on the weekends at my mall though.

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