property trespass
Can a shopping mall force Pokemon Go players to leave?
<p>To add to the recent influx of legal questions about Pokemon Go, I'd like to ask: Can a shopping mall force people playing Pokemon Go to leave (without fear of legal repercussions)?</p>

<p>I heard from a friend that a shopping mall declared that anyone playing Pokemon Go in the store would be kicked out. But I imagine myself walking into such a mall, and an employee comes over and asks "Stop playing Pokemon Go or leave." </p>

<p>My response is perhaps</p>

<blockquote>
  <p>"No."</p>
</blockquote>

<p>or maybe alternatively</p>

<blockquote>
  <p>"Can you prove I'm playing Pokemon Go? And no you may not inspect my
  personal belongings."</p>
</blockquote>

<p>What can they legally do? For example, (for a specific legal domain) lets say I'm in New York. </p>

<p>And if the short answer is yes, are there any ways players could twist the situation? For one example, could players sue the store for discrimination? Or some other way? Would the decision in any way put the store in a tricky legal situation?</p>

<p>I think you would have difficulty distorting the situation - Pokemon Go is not magic that defies existing laws, and this would be no different to a mall issuing a trespass notice (which is effectively how they would kick you out) for any other reason.</p>

<p>I would question the ability of a store to "Arrest" you - that is a job for the police - After they trespass you (ie by giving you notice to leave), if you come back again then they can call the police to arrest you - but its not as clear-cut as someone seeing you playing a game and arresting you.</p>

<p>I don't think Pokemon players are a "protected class" of people, so finding a valid cause of action might be tricky.</p>

<p>About the best you could do would be to talk with your wallet (ie shop elsewhere with your friends), but for my money that would make me more likely to go to that mall !</p>

<p>In the U.S. (<a href="https://www.law.cornell.edu/uscode/text/42/2000a" rel="noreferrer">42 U.S. Code § 2000</a>): proprietors of "<a href="https://en.wikipedia.org/wiki/Public_accommodations" rel="noreferrer">public accommodations</a>," which include retail establishments like shopping malls, cannot discriminate on the basis of "race, color, religion, or national origin."  Some states add additional protected classes.</p>

<p>So, suppose you satisfy a court that playing Pokemon Go is the exercise of your religion.  In that case: A shopping mall that excludes you for being an adherent of Pokemon Go would be violating your civil rights.</p>

<p>However, there are plenty of "time and place" laws to control nuisances &ndash; loitering, disturbing the peace, disorderly conduct, etc.  I.e., your "religion" doesn't give you a blank check on exercise in public, and certainly not on private property just because it is a "public accommodation."  So a shopping mall can eject you because your <em>activities</em> are disruptive (regardless of whether they are religious), rather than for your religious <em>beliefs</em>.</p>
