Legal Question in Civil Litigation in California

Barnes and Noble banned me from one of their stores.

The store is located in a shopping center with ten other stores. Here is what happen--A security guard (not from Barnes and Noble) was following me around in the parking lot ( the large parking lot is shared by all ten stores, not just Barnes and Noble). I confronted the security guard and ask why was he following me. We got into an argument and a few choice words were said. Afterwards, I went into Barnes and Noble (Was not disrupted or disorderly and I have gone their several times in the past with no problems). This security guard was friends with the B & N security guard and told her what had happen (B & N security guard did not witness what had happen. My confrontation occurred in the parking lot, but not in front of B & N). When B & N security guard found out what happen she told the store manager. The manager then told me I was banned from coming into that B & N.

Here are my points: 1. I was not disorderly in B & N store. 2. The security guard that I confronted has nothing to do with B & N (they have their own security guard). 3. B & N didn't see nor hear anything--B & N found out because the two guards were friends and he told the B & N guard what happen. 4. All the other stores in the shopping ctr didn't have a problem with me returning to their stores.

Do I have a civil case? Can B & N banned me for basically no reason?

Thank you.


Asked on 6/02/10, 3:39 pm

3 Answers from Attorneys
Mark Storm Law Office of Mark Storm 916-739-8552

A merchant has the right to refuse service to anyone, for any reason or no reason at all (as long as the reason isn't illegal, such as discrimination based upon race, sex, etc.).

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Answered on 6/02/10, 6:51 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Tried Amazon or Borders?

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Answered on 6/02/10, 7:06 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Storm. The store is private property, and you have no right to go inside without permission. The store has revoked your permission to enter, so you can't go inside. Whether you understand or agree with the store's reasons is irrelevant. Unless you are being excluded because of your race, gender, etc., you have no right to go back, let alone to sue the store.

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Answered on 6/02/10, 7:21 pm


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