Can a stadium usher legally use force to block you from using an exit?
In California, can an usher at a stadium by law use physical force to block someone from leaving through a marked exit? I tried to leave a stadium after a concert had ended and the ushers were trying to direct everyone through one particular exit. There were several other marked exits as well, but the ushers did not want those to be used. The exit of choice had a very long line to get out. When I tried to exit through one of those alternate passages, two ushers physically moved to blocked me with their arms and bodies (such that my momentum inadvertently caused me to collide with them) and ordered me to use the other exit.
Can ushers (or security guards) legally use their bodies to block an exit in this way? Is this considered civil battery or false imprisonment if they prevent me from exiting through a marked exit door with force? Could I be charged with a crime for continuing in my current speed and direction and pushing through their arms in an effort to exit the building?
Answers:
Have you on occasion received the popup, "Redundancy Error"?
I find the concept of blocking an exit under the threat that if one doesn't wait in turn for the approved exit and instead tries to leave through an alternate way then they'll be pulled out of line and kicked out, to be completely preposterous. I tell you what though, as ridiculous as that may sound, I would be extremely tempted to try that myself.
I speculate that you had the capability of slowing down a notch below full force prior to impact. But that's okay I can see myself doing just the same. And don't worry about the stadium ushers because they knew what they were getting themselves into and nobody is going to be suing anybody else. First of all it's joint liability. Somebody has to be majority at fault to be sued by the other. You're both half at fault so your not going to court for that reason. And secondly, it was a reasonably foreseeable circumstance. The ushers knew that you were going to body chuck them when they jumped in front of you, that's just part of what they do. I know this because I am a former stadium usher who knew better but did it anyways. You also should have within reason been able to foresee the possibility that your actions would cause such a result.
As far as criminal prosecutions go, I don't see that happening here either. It is much easier for me to spend 45 seconds to force you out and say something like, "and stay out", then it is for me to detain you for 20 minutes while I wait for the police to show up. Obviously I'm going to want to pick the former every chance I get. But sometimes if it becomes too much of a problem the bosses really push for the latter, so I do it just because I'm following orders. It really smells too because it's not like anyone is going to be paying me any overtime for testifying in court.
Setting aside all that stuff about common courteous and ethically right or wrong, you really just need to learn to develop a patience for others and a discipline for oneself. It will really get you a lot father in life than would repeating this method again. So just take it easy, alright!
*End of Line.
yes they can unless there is a fire or another emergency
They are held legally liable just as anyone else that might do the same to you. Ushers and/or security guards do not have the right to touch you, they are not legally sworn police officers. You have the right to sue them in court and collect damages.
They should have detained you until a cop could arrest you for disorderly conduct. Rules are for a reason. You think you can go around making up your own?
cloned247 has no idea what he is talking about. If you are on the stadium property, the stadium has the right to empower its employees to enforce rules. You only need sworn officer powers in public places. If the amount of force they used was necessary to prevent you from violating rules, it is perfectly legal. If, however, you can show that you suffered injury, then you may be able to sue, but the burden of proof would be on you to show that they acted unreasonably and used excessive force that was beyond what was necessary to force compliance.
Yes. They are hired to do just that. Some people do not know that rules are made to be followed. So they have to hire Security Guards to enforce the rules. There is a reason you could not use those exits. Who knows what the reasons were. It could have been for your own safety. It's not important for us to know what the reasons were, the important thing is that it was a rule and you were trying to break it. A Security Guard has the right to bodily pick you up and escort you out of the building if need be. They are licensed and trained for this job, That's why they have the title "Security Guard". Most of the time if they have to escort you from a building you will find a patrol car waiting to take you to the police station for disturbing the peace.
They can't keep you from exiting unless they place you under arrest. They had an exit open, and thats the exit they want everyone to use, so yes they could do what you say they did. This is not in anyway considered civil battery or false imprisonment. Its not false imprisonment because they did not say you cant leave, they just said you cant leave through this door. As for civil battery, you said you crashed into them. And yes they can place charges for you if you were to ignore their orders. At that point they can then place you under arrest.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: