Legal Question in Civil Rights Law in Michigan

Hi! So today I was in a mall taking photographs (I have seen many people do this in stores in the mall before) inside of a makeup store called Sephora. I am a 16 year old high school student and i am currently working on applications to an exclusive art school overseas to study photography as well as cosmetology and design, hence why i was in sephora in the first place.

Anyway, I was there for a short amount of time and workers there had seen me multiple times with my DSLR camera out and didn't say a single word to me. Not until i was in a corner towards the back which is near hair products as well as where the perfumes are was i surrounded and basically cornered into a back corner where absolutely no one could see what was going on by three sales associates asking me what exactly i thought i was doing. I explained to them that I was working on building up my portfolio to submit to the art school i want to apply to and that I wasn't photographing anything for commercial use, just personal use so I have something to show when I apply for college.

After that the sales associates (one man and two women) were questioning me about school and what i do and I explained everything honestly, then i asked a few questions because i was genuinely interested, as this has never happened to me before and i had not two minutes ago seen people photographing objects and items in the same store. The male was being very sarcastic and rude about answering my questions and the two women were insulting me on my lack of respect for people and companies, then told me to leave because I was 'trespassing' and its 'private property'. I said that i understand and then i let them see the pictures to prove that there was not one person in any photograph i had taken that day, and then they told me to stop taking pictures, so i put my camera into my bag and then started to leave so i could go talk to the mall manager to get real answers.

I was there for a few more minutes as I was walking out talking to another sales associate about a new product from a company that had been released, and the same three people who stopped me before blocked the door and stopped me as i walked out and they rudely demanded to check my bag, so i allowed it and then left.

my point for this question is, could I be charged with invasion of privacy or trespassing for photographing pictures of things from stores and banned from the mall? and can the sales associates insult me like that without reason?

any photography laws directly related to photography in malls would be extremely helpful due to the fact that i don't want to be embarrassed like that again. I am considering taking action about the associates demanding to check my bag because the entire time the only thing i put in and took out of my purse was my lens cap, because the lense i was using did not have a cap attached to a string.

Thank you for taking the time to read this as i do truly appreciate it. I just want to do what I love and not be harassed by rude employees every time I do.


Asked on 5/23/14, 9:27 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

You present an interesting issue. Unfortunately, you may be in for this sort of "harassment" in any store or mall and you could be given a "no trespass" order, where you would be arrested if you show up at that mall or store.

Essentially a mall or store is a private business and they can ban anyone they want as long as it doesn't infringe discrimination laws.

They can also ask to see in someone's bag as well, to deter and combat the growing shoplifting problem I see as an attorney.

Bottom line, I bet if you spoke to a certain store's manager and explained your purpose, they may be glad to give you permission. Have proof of what you are doing it for and be nice.

If not, go on to another store and do the same. If they won't let you, remember that when shopping and take your money to a place that let you photograph.

Best of luck.

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Answered on 5/24/14, 3:32 am


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