Juany118
Senior Master
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- May 22, 2016
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- #21
You may not understand the liability a company takes on itself when it starts to do that kind of screening.
If they fail, they get sued because they didn't do it well enough.
If they violate privacy laws or are even accused of it when doing their screening, they get sued again.
And typically, their insurance companies, which indemnify them, won't permit them to even get started down this path.
Regardless, I'm not sure how wands and security at the door helps when the shooting takes place in the parking lot.
They do not do that here, in my experience. I don't go to the movies much; couple times a year when my wife makes me. But I've never seen any such thing in the US.
Interesting. I had no idea.
As I said, even basic security takes a private company down a path that in many cases, I do not believe their insurance companies would permit.
And that's ignoring the cost of all this security - at any level. I see mall security in large malls - a couple guys. I do not see security at the local Radio Shack, or the Walgreens drug store, or the city library, or the grocery store, or the movie theatre, or ... etc. Who pays for all this security, all these security people?
FYI, I used to work in law enforcement and I've even been a private security guard (pay is minimum wage, it consists of people moving up and in between jobs and morons who cannot find work because they have zero skills). I think you have an undeveloped concept that's not very workable in real life.
I get that the world is changing. I get that security and awareness are becoming more and more important. I don't think we're going to get the level of security that you think we need, not even a low-level type. It's just not going to happen.
First, I do understand the liability. As a matter of fact I think this would decrease liability for a few reasons.
1. The 4th Amendment and other Constitutional rights are actually not binding on private businesses. Because of this expectations of privacy are GREATLY reduced. Yeah if without warning they look under a bathroom stall door or bust it open there might be an issue because for a tort violation of privacy against a private business that intrusion need be highly offensive to a reasonable person. An overly invasive search would also fall under this issue.
However a business can set a rule for entry that says you must consent to a search, so long as the private security is not acting as an agent of the police and only for the purposes of deciding if you should be granted entry or if you should be ejected. Now the person is free to say "I do not consent to a search" and leave. If the security then detains the person and still goes in the person's pockets there may be an issue but the requirement of a search isn't an issue.
What can also be issues are claims of discrimination or sexual harassment. Having female security personnel would reduced issues of the later and regarding the former, having proper training and consistent codified policies would go a long way to reducing liability in that regard.
2. Even if your security isn't armed having them with UoF training such as Pennsylvania's Act 235 would also go a long way to mitigating personal injury claims that result from one say a night clubs bouncers "escorting" a problem patron out.
Now I concur with you that expense of training and paying employees with certifications is one of the issues that discourages businesses from these practices.
As for theaters I can only speak to ones in Pennsylvania. Sometimes it is for specific movies. Example the Movie Tavern I saw Star Wars Episode 7 at had security that denied entry to fans wearing costumes that included masks or concealing makeup and search them to ensure they were not entering with concealed "costume" weapons and more than a couple theaters in Philadelphia (not in the nicest areas) have such security regularly /shrug.