[neonjohn]

Correct. If they don’t ask you leave, then they can’t harass you about taking pictures.

Photography isn’t illegal, trespassing is, but to be trespassing in a mall you have to be asked to leave and refuse to do so.

Sorry, but that is incorrect. I own commercial property so I tend to stay up on the law. I suspect that you’re confusing the law that applies to photographing commercial buildings from true public areas (streets, sidewalks) with photographing private property while being ON private property.

As a hypothetical, the owners of the Empire State Building can’t prevent you from standing on the street (or flying by in a helo) and photographing the building but they CAN prohibit you from going inside (onto their property) and taking photographs there.

I (or any other property owner) can prohibit any activity I want to as long as it doesn’t hit on the Big 7 (race, religion, sex, etc.) If I don’t post those restrictions conspicuously enough then yes, you may get a first warning before being evicted and charged with trespassing. However if the restrictions are conspicuously posted, such as on each door or just inside each door, then no second chance.

There was a landmark case in Chattanooga, TN a couple of years ago involving the Hamilton Place Mall. To eliminate the problem of roving gangs of unsupervised teenagers, they banned any teen not accompanied by an adult after an early time (I think 6pm).

Some parents sued (probably those who dumped their kids off at the mall instead of parenting them) and lost. I think it went to the Surpremes but I’m not sure.

Bottom line: Commercial property owners and managers can ban anything they want to as long as it doesn’t touch on race, etc. Photography is certainly in that group. Many chains, for reasons I’m not sure I quite understand, are touchy about their “trade dress” – how the store is decorated and laid out. They’re the ones who push mall management on the photography issue.

Thing is, most malls will issue photography permits for the asking. The permit contains a description of what is to be photographed. Commons area lighting, Christmas decorations and things like that. Once one has the permit tag attached to the camera, the guards will stay away. I have photographed Christmas decorations in that same mall (Hamilton Place) so this is first-hand experience speaking.

I think that this who thing about banning cameras in malls is silly, given the proliferation of cell phone cameras, lapel cameras and so on, but as a property owner I do assert my right to do so.

John

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