Obviously a first time felony, unless there's extenuating circumstances, would likely get pled down. But it's still a big deal, and should make people think.
This is a court decision waiting to happen, after some Wal-Mart clown thinks this deputizes them to assault a patron for not wearing a mask.
Yay! Is it a felony to attack white retail workers for being white?
You got it backwards, kiddo. Show me were any Walmart employee has assaulted a customer, ever.
Yep. Ditto for private lawyer's fees, or wondering if you'll have any chance of freedom with a public defender?Handcuffs and a ride in the back of a squad car will concentrate the mind wonderfully.:mrgreen: No kneeling on anyone's neck, though!
What does the law say in Illinois for when a retail worker while "enforcing" a mask policy uses phyisical force to assault a customer who refused to wear a mask I wonder?
Civil lawyers are going to LOVE this new law in Illinois. Most retail stores have strict policies today against even remotely attempting to stop shoplifters/petty theft. Most retail chains will terminate an employee (other than certain loss prevention agents) who so much as lays a finger on a suspected shoplifter---even ones they observe stealing. And the reason is because of the lawsuits which result after some low brow retail worker feels like playing cop/Rambo while "enforcing policies".
Stores won't even take a stand on people coming into stores with all kinds of pets with them anymore. So now the governor of Illinois wants to encourage some high school drop outs at Wallyworld to "enforce" a mask policy---potentially with force?
If a customer assaults an employee that is one thing. But there has always been laws against that. But if an employee lays hands on a customer first over a mask policy, then good luck in court calling that a battery by the customer. Lawyers are already counting the money on this side show.
The law says that the retail worker committed a battery. Happy now?
What, if anything does that have to do with the topic of the thread?
Might I suggest that you take a couple of lessons in "Reading For Comprehension"?
Again, what, if anything does that have to do with the topic of the thread?
Are you really going to tell me that standing in front of a person and not touching him is an assault?:lamo:lamo:lamo You really need help. You're further down the rabbit hole than I thought. We'll have to bring in the heave duty digging equipment to get you back into the real world. Say hi to the white rabbit for me.:lamo
That walmart employee isn't a cop. He doesn't have authority to get physical with another citizen.
That walmart employee isn't a cop. He doesn't have authority to get physical with another citizen.
He didn't. The stupid customer did. All the employee did was stand there. If you think that's an assault, you're stupider than I thought, which is saying something.
The employee absolutely did. He isn't a cop. He can't physically bar someone from entering the store.
You're reaching. Pathetic. Walmart is private property. They can require customers to wear a mask or deny them service. They are responsible for providing a safe shopping environment for their customers. That non mask wearing moron was endangering himself and others. Walmart has the right to deny him service and entry into the store under those circumstances. It was that customer who committed assault. Not the employee.
Are you really going to tell me that standing in front of a person and not touching him is an assault?:lamo:lamo:lamo You really need help. You're further down the rabbit hole than I thought. We'll have to bring in the heave duty digging equipment to get you back into the real world. Say hi to the white rabbit for me.:lamo
The employee absolutely did. He isn't a cop. He can't physically bar someone from entering the store.
An assault is an attempted battery. In the Walmart video you posted the Walmart employee is seen using his body to physically block the man attempting to enter. That could be considered an assault. It especially becomes an assault when the employee more than once moves in front of the elderly gentleman and makes contact with him. Further in the video the big idiot Walmart guy actually attempts to grab the arm of the man--- that is a battery. The man was only attempting to enter a retail store open to the public; he wasn't attempting to enter any off limits area like the stock room or the bookkeepers office.
SHOW me where Walmart allows their employees to use physical force to enforce their mask policy? I guarantee that they DON'T have that policy. IN FACT, I am almost 100% certain that Walmart doesn't permit employees to use physical force even with suspected shoplifters. The civil liabilities are not worth taking the chance. In most corporate retail stores today an employee will be TERMINATED if they use physical force. That includes physical intimidation (as seen in your video), or not allowing a person to move freely. Because ONCE a private person (not the same for cops) detains or otherwise prevents a customer from movement, that is actually an arrest by the store employee--- possibly including false imprisonment. Cops can detain you with reasonable suspicion. Private citizens CANNOT detain other citizens. They can arrest them (called private person's arrest) if they observed them commit a crime, but they have no legal right to detain anyone in anyway. Once a private person uses physical force or intimidation to detain another citizen, they have in effect arrested them and are now subject to a possible civil false arrest lawsuit.
Same thing when these stupid Walmart employees try to stop you at the exit to show your receipt. They can ask you, but they can't demand it. And if they block you--- then I would call the police and have them charged with false arrest and false imprisonment.
Besides all that, the elderly gentleman in the video you posted could be cognitively impaired or have another issue. Younger people can be that too---or on the autism spectrum. So some big stupid gorilla Walmart employee who thinks they are hired to act like defense linebacker needs to be fired when they act like the guy in the video you posted. If the employee feels a customer is violating a policy, then call the store manager to the scene. And if the store manager feels the customer needs to leave, and wants to claim the customer is now trespassing--- you call the police. Simple at that.
100% correct. He can ask the customer to comply with the mask policy, he may even have the authority to ask the customer to leave. But I know Walmart corporation is NOT delegating security detail to their low brow front door "greeters"-- that would be idiotic. Even if no crime is committed, even if no one is arrested, the possibility of physical injury and the lawsuits that will follow pretty much dictates the bottom line on this. DON'T touch a customer. DON'T use physical force or intimidation in anyway. Call the cops.
You're reaching. Pathetic. Walmart is private property. They can require customers to wear a mask or deny them service.
They are responsible for providing a safe shopping environment for their customers.
That non mask wearing moron was endangering himself and others.
Walmart has the right to deny him service and entry into the store under those circumstances. It was that customer who committed assault. Not the employee.
Total nonsense. Walmart did institute a policy that said that employees should not insist that a customer wear a mask in order to protect it's employees from assaults from customers like this one. Your idiotic definition of assault only reflects on you.
Fantastic news coming out of Illinois today.
Time to deliver some justice to those who terrorize people who are just trying to save lives. :thumbs:
Total nonsense. Walmart did institute a policy that said that employees should not insist that a customer wear a mask in order to protect it's employees from assaults from customers like this one. Your idiotic definition of assault only reflects on you.
The thread AND the article talks about a new law making it a felony to assault a retail WORKER who is enforcing a mask policy.
The question I asked was what happens when it is the retail WORKER who initiates a battery while "enforcing" a mask policy? I said: If the customer assaults a retail worker there is already a law against that---- it's called battery. But the same goes true the other way around; if an employee uses physical force to enforce a "policy"-- they may be at risk for criminal liability-- AND more importantly, civil liability.
I clearly stated my question and my concerns about this stupid feel good legislation potentially putting retail stores at risk for being to gung-ho in their silly mask enforcement policies.
At the heart of the stupidity with this "feel good law" is that not wearing a mask is NOT a life or death matter that requires someone to use physical "enforcement" on a violator by retail workers.
I'm not debating their right to have that policy-- or to refuse service. And, if a customer refuses to comply they can be sited with trespass. But that would be a police matter in most cases.
Just like with airline workers, you give them an extra ounce of "control" over someone-- and the weak minded will attempt to use that control over people in a typical passive aggressive manner--- generally making matters worse.
Anyone who assaults anyone should be arrested.
But going Rambo on some idiot who is playing the opposite card with this silly mask hysteria by refusing to comply is just as bad as the "mask Nazis" attempting to make mask refusal a Federal offense.
Somebody refuses to wear a mask and it makes you uncomfortable, then just steer clear of them; give them an extra 20 feet. If you are a cashier in a grocery store and the store has a mask policy and a customer refuses to wear one and they come through your checkout lane; just close your register and walk away leaving the mask violator to do what---- other than stand there with nobody to tender their purchase---and eventually leave? Eventually they'll get the point.
Walmart has since walked back their stance. I go in Walmart here in TN all the time without my mask. Nobody says a word
Criminals ignore laws right? So look for these mask nazi's to get punched out with impunity. Put your hands on me and its 3 O'Clock school bell
You do not have the right to commit physical violence against someone who is simply enforcing the rules, no matter how deluded you are to the contrary. Congratulations on making this law's point. :thumbs:
Put their hands on me and we can debate about it after the beatdown. Maybe you haven't noticed but there are many laws being broke right now in certain areas of the country
Two wrongs don't make a right. If you attack a store worker for simply informing you that you have to put your mask on or leave, you have committed assault and deserve to be prosecuted.
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