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Getbig Main Boards => Gossip & Opinions => Topic started by: Kwon on March 01, 2018, 08:25:31 PM

Title: Cops force fella and homeless man to leave McD
Post by: Kwon on March 01, 2018, 08:25:31 PM
The video shows a Myrtle Beach Police officer speaking with a man who is sitting at a booth eating his meal.
The officer tells the man that after he finishes his meal he must leave the restaurant and can never return.


The video, less than 24 hours after being posted, has been viewed more than 40 million times.

The man who filmed and posted the video told the officer he personally paid for the man’s food and was not asked for money after the officer indicated several people called police complaining about the presumably homeless man asking for cash in an area outside the restaurant.

The man filming can be heard telling the McDonald’s staff that they “suck” for kicking a homeless man out of the restaurant ,
as well as asking other peers "how do i make a perfect four corner cut wnhen each corner is out of square ?",
which ultimately leads to a restaurant manager telling the man filming he also has to leave for being “disorderly.”

After requesting a refund, the man who posted the video is handed a paper bag by the manager to bag his food. The man requests a refund once again, to which the police officer explains she can’t mandate the restaurant give him a refund and he needs to “get [his] stuff and leave.”

http://www.dailymail.co.uk/news/article-5452039/Homeless-man-customer-told-leave-McDonalds.html (http://www.dailymail.co.uk/news/article-5452039/Homeless-man-customer-told-leave-McDonalds.html)

http://kxan.com/2018/03/01/police-respond-to-viral-video-of-homeless-man-kicked-out-of-mcdonalds/ (http://kxan.com/2018/03/01/police-respond-to-viral-video-of-homeless-man-kicked-out-of-mcdonalds/)
Title: Re: Cops force fella and homeless man to leave McD
Post by: calfzilla on March 01, 2018, 09:04:29 PM
 ??? How is this news? The managers of a private establishment can trespass anyone from their property for any reason.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Vince G, CSN MFT on March 01, 2018, 09:32:21 PM
The video shows a Myrtle Beach Police officer speaking with a man who is sitting at a booth eating his meal.
The officer tells the man that after he finishes his meal he must leave the restaurant and can never return.


The video, less than 24 hours after being posted, has been viewed more than 40 million times.

The man who filmed and posted the video told the officer he personally paid for the man’s food and was not asked for money after the officer indicated several people called police complaining about the presumably homeless man asking for cash in an area outside the restaurant.

The man filming can be heard telling the McDonald’s staff that they “suck” for kicking a homeless man out of the restaurant ,
as well as asking other peers "how do i make a perfect four corner cut wnhen each corner is out of square ?",
which ultimately leads to a restaurant manager telling the man filming he also has to leave for being “disorderly.”

After requesting a refund, the man who posted the video is handed a paper bag by the manager to bag his food. The man requests a refund once again, to which the police officer explains she can’t mandate the restaurant give him a refund and he needs to “get [his] stuff and leave.”

http://www.dailymail.co.uk/news/article-5452039/Homeless-man-customer-told-leave-McDonalds.html (http://www.dailymail.co.uk/news/article-5452039/Homeless-man-customer-told-leave-McDonalds.html)

http://kxan.com/2018/03/01/police-respond-to-viral-video-of-homeless-man-kicked-out-of-mcdonalds/ (http://kxan.com/2018/03/01/police-respond-to-viral-video-of-homeless-man-kicked-out-of-mcdonalds/)


He was obviously banned from the place for panhandling previously.   Unless he was black or another race, he has no argument
Title: Re: Cops force fella and homeless man to leave McD
Post by: be back on March 01, 2018, 10:51:27 PM

He was obviously banned from the place for panhandling previously.   Unless he was black or another race, he has no argument
(https://78.media.tumblr.com/81c0e3725421196ec43a5d110e0d9835/tumblr_nqzq5089zS1rzn3teo1_250.gif)
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 01, 2018, 10:57:55 PM
nothing to see here...
Title: Re: Cops force fella and homeless man to leave McD
Post by: Henda on March 02, 2018, 02:31:44 AM
People don’t want to eat their meal next to a stinking homeless man attracting flies and with shaggy long greasy lice infested hair near their food
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 03:01:27 AM
Actually the cop has no authority telling the man he can never return.
Title: Re: Cops force fella and homeless man to leave McD
Post by: calfzilla on March 02, 2018, 03:09:06 AM
Actually the cop has no authority telling the man he can never return.

He can if the McDonald's manager gave the ok.
Title: Re: Cops force fella and homeless man to leave McD
Post by: chuckles on March 02, 2018, 03:33:45 AM
He can if the McDonald's manager gave the ok.
Their Burgers are junk anyway.  ;)
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 04:14:10 AM
He can if the McDonald's manager gave the ok.

Wrong
Title: Re: Cops force fella and homeless man to leave McD
Post by: chuckles on March 02, 2018, 04:25:02 AM
Wrong
no doubt need a court order of some kind & for that you need a good reason.
Title: Re: Cops force fella and homeless man to leave McD
Post by: calfzilla on March 02, 2018, 04:39:22 AM
no doubt need a court order of some kind & for that you need a good reason.

Not in America. I've done it myself when I was a security guard. Sometimes even with police present to assist or do it for us. If the manager says I want X person trespassed from our establishment they have that right.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Pray_4_War on March 02, 2018, 04:42:54 AM
Matthew 25:40  And the King will answer and say to them, ‘Assuredly, I say to you, inasmuch as you did it to one of the least of these My brethren, you did it to Me.’
Title: Re: Cops force fella and homeless man to leave McD
Post by: chuckles on March 02, 2018, 04:46:17 AM
Not in America. I've done it myself when I was a security guard. Sometimes even with police present to assist or do it for us. If the manager says I want X person trespassed from our establishment they have that right.
Land of the Free... :D
Title: Re: Cops force fella and homeless man to leave McD
Post by: calfzilla on March 02, 2018, 04:47:37 AM
Land of the Free... :D

Hasn't been for quite a while  ;D
Title: Re: Cops force fella and homeless man to leave McD
Post by: gmflex on March 02, 2018, 04:49:29 AM
Not in America. I've done it myself when I was a security guard. Sometimes even with police present to assist or do it for us. If the manager says I want X person trespassed from our establishment they have that right.

QFT..
Title: Re: Cops force fella and homeless man to leave McD
Post by: oldtimer1 on March 02, 2018, 05:13:45 AM
Actually the cop has no authority telling the man he can never return.

Actually internet lawyer they can. If the restaurant kicked him out and banned him for previous disorderly behavior they can warn him to leave. He is then trespassing.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Parker on March 02, 2018, 05:27:53 AM
Corporations are king and expect cops to do their bidding
No, not really.
Title: Re: Cops force fella and homeless man to leave McD
Post by: dan18 on March 02, 2018, 05:53:09 AM
Matthew 25:40  And the King will answer and say to them, ‘Assuredly, I say to you, inasmuch as you did it to one of the least of these My brethren, you did it to Me.’

This 100000000000000000000000 000000000000000000000000 000000000000000000000x
Title: Re: Cops force fella and homeless man to leave McD
Post by: be back on March 02, 2018, 06:44:15 AM
Wrong

why would you think McDonalds is a public place.

Its a private establishment that they allow the public access, at any time they can ask anyone to leave without a reason, same way you could ask someone to leave a party at your own home.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Sexybeast777 on March 02, 2018, 06:50:26 AM
where is the compassion?
Title: Re: Cops force fella and homeless man to leave McD
Post by: illuminati on March 02, 2018, 06:57:29 AM
Actually the cop has no authority telling the man he can never return.

He’s a asshole cop with a Gun thinks he can do anything he wants
Except enter a school when a shooting incident is taking place.
Title: Re: Cops force fella and homeless man to leave McD
Post by: falco on March 02, 2018, 07:39:49 AM
In my country, a restaurant has to pay heavy taxes, if they want to select their clientele.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 12:45:26 PM
why would you think McDonalds is a public place.

Its a private establishment that they allow the public access, at any time they can ask anyone to leave without a reason, same way you could ask someone to leave a party at your own home.

No it’s not a private place and why would you think that? It’s open to the public as per state and county licensing. Private clubs over here have different rules and laws and how they can operate. McDonald’s can’t and never have just walked up to someone and told them to leave for no reason.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 12:50:31 PM
Actually internet lawyer they can. If the restaurant kicked him out and banned him for previous disorderly behavior they can warn him to leave. He is then trespassing.


If for previous conduct yes. I never said he could come into the place and be disorderly. If he was hangin outside asking for money and told not to fine but if he came in with someone and got a meal then I don’t see the harm in that. Don’t know the whole story. But we all know it boils down to money. If some lawyer wanted some free publicity he would take this guys case I’m sure it would make CNN.  ;D
Title: Re: Cops force fella and homeless man to leave McD
Post by: calfzilla on March 02, 2018, 01:15:27 PM

If for previous conduct yes. I never said he could come into the place and be disorderly. If he was hangin outside asking for money and told not to fine but if he came in with someone and got a meal then I don’t see the harm in that. Don’t know the whole story. But we all know it boils down to money. If some lawyer wanted some free publicity he would take this guys case I’m sure it would make CNN.  ;D

Not sure where you live but in the US, conduct has nothing to do with it.  If it is private property the owner or agent can trespass you and they don't need a reason. Now public property such as a park for example, is different.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 01:43:36 PM
Not sure where you live but in the US, conduct has nothing to do with it.  If it is private property the owner or agent can trespass you and they don't need a reason. Now public property such as a park for example, is different.

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html
Title: Re: Cops force fella and homeless man to leave McD
Post by: ZeroPatience on March 02, 2018, 01:49:49 PM
https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html

From the article:

There a number of legitimate reasons for a restaurant to refuse service, some of which include:
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 01:52:12 PM
Actually the cop has no authority telling the man he can never return.

the owner/manager/representative should tell him that in the presence of the officer who would write a Criminal Trespass report documenting it. If he returns he can be arrested if found on property
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 02:19:18 PM
From the article:

There a number of legitimate reasons for a restaurant to refuse service, some of which include:
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)


Yes of course but I wasn't responding to that. Read his post.

Here:

"Not sure where you live but in the US, conduct has nothing to do with it.  If it is private property the owner or agent can trespass you and they don't need a reason. Now public property such as a park for example, is different".
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 02:20:40 PM
the owner/manager/representative should tell him that in the presence of the officer who would write a Criminal Trespass report documenting it. If he returns he can be arrested if found on property

And said individual has the right to have this claim proven in court as the whole argument at this point is not proven other than the word of the manager.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 08:46:59 PM
And said individual has the right to have this claim proven in court as the whole argument at this point is not proven other than the word of the manager.

I can only speak at this point for Texas. The law was clear. You can as a business owner keep anyone from your property except for very limited reasons including race and religion. IN this case, the homeless person being outside the McDonalds, I will apply my experience and common sense and say that this person was known to the employees. To have a clerk say you can't be here is very unusual and tells me this person was a known issue. We can argue all day long about whether the law is right or wrong, but any business has the right to refuse service EXCEPT for the narrow exceptions. I don't believe they fit here.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Fortress on March 02, 2018, 08:54:45 PM
The filthy street urchin wasn’t having a happy meal.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 08:56:25 PM
And said individual has the right to have this claim proven in court as the whole argument at this point is not proven other than the word of the manager.

It's private property.. you don't need a jury to decide if that person has a right to be there
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 09:26:49 PM
It's private property.. you don't need a jury to decide if that person has a right to be there

It's not private you dumbass. it's privately owned.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 09:30:16 PM
It's not private you dumbass. it's privately owned.

dude the name calling is juvenile. the fact is legally, it is private property. Take it up with the courts if you disagree. I'm just telling you the reality of the situation. If you don;t agree that certainly is your uninformed option   
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 09:38:55 PM
dude the name calling is juvenile. the fact is legally, it is private property. Take it up with the courts if you disagree. I'm just telling you the reality of the situation. If you don;t agree that certainly is your uninformed option  



Seriously man all you have to do is look up the law instead of giving your opinion. I already posted this twice.

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html


"But Aren’t Restaurants Considered Private Property?

Yes, however they are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant’s existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientèle based on age and social status".
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 09:51:07 PM


Seriously man all you have to do is look up the law instead of giving your opinion. I already posted this twice.

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html


"But Aren’t Restaurants Considered Private Property?

Yes, however they are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant’s existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientèle based on age and social status".

I really don't think your position and mine are different. I'm operating from experience with this issue, you are posting from an internet site, but yes, a private property can't exclude people for unjustified reason. However from my experience, this wouldn't fit  that exclusion and we don't know the history. A reasonable person reading the article wouldn't conclude this is the first time the employee has had interaction with that person

"However, the Myrtle Beach mayor Brenda Bethune and police say that the incident as depicted in the film does not accurately portray exactly what happened and have defended the officer's response. She has not been identified."



Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 09:53:32 PM
I really don't think your position and mine are different. I'm operating from experience with this issue, you are posting from an internet site, but yes, a private property can't exclude people for unjustified reason. However from my experience, this wouldn't fit  that exclusion and we don't know the history. A reasonable person reading the article wouldn't conclude this is the first time the employee has had interaction with that person


Now you are going backwards. McDonald's can't refuse a person service just because they are private property. If you read my posts then you wold know that it what I was talking about.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 09:57:45 PM
lets just agree to disagree. The company, McDonalds can refuse service to anyone with a couple exceptions. They believe this person fit the exceptions. If not, im sure a lawyer will be representing the person shortly   
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 10:04:09 PM
lets just agree to disagree. The company, McDonalds can refuse service to anyone with a couple exceptions. They believe this person fit the exceptions. If not, im sure a lawyer will be representing the person shortly   

I have no idea what you mean by this. Also, speaking from experience means nothing. Just because you get a speeding ticket doesn't make you an expert on traffic law. Even attorneys have to look up the law at times.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 10:08:35 PM
I have no idea what you mean by this. Also, speaking from experience means nothing. Just because you get a speeding ticket doesn't make you an expert on traffic law. Even attorneys have to look up the law at times.

Thats true. I am speaking from Texas laws on businesses based on years of experience and several stints in a court of law. I had to look up laws all the time. From what I saw in the article no law was violated on the part of the business or cop. In Texas, theoretically you can refuse service because you don't like the outfit the person is wearing. You cannot refuse service because they are asian or homosexual     
Title: Re: Cops force fella and homeless man to leave McD
Post by: Disgusted on March 02, 2018, 10:21:45 PM
Thats true. I am speaking from Texas laws on businesses based on years of experience and several stints in a court of law. I had to look up laws all the time. From what I saw in the article no law was violated on the part of the business or cop. In Texas, theoretically you can refuse service because you don't like the outfit the person is wearing. You cannot refuse service because they are asian or homosexual     

You're gonna have to prove that one too me. Can you site case law on that one?
Title: Re: Cops force fella and homeless man to leave McD
Post by: gib on March 02, 2018, 10:32:10 PM
Allow me to explain and clarify:

I’m every US state the owner of land (including leases premises) has the absolute right to deny anyone access or to insist that anyone on his premises leave immediately (military and law enforcement with appropriate authority excluded).

The person removed/excluded then has the right to bring a civil action if they believe that they had any implied, equatable or contractual right to be there.

The cop acted 100% in accordance with the law as did the manager who has delegated authority from the proprietor.

Hope that helps.
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 11:11:17 PM
Allow me to explain and clarify:

I’m every US state the owner of land (including leases premises) has the absolute right to deny anyone access or to insist that anyone on his premises leave immediately (military and law enforcement with appropriate authority excluded).

The person removed/excluded then has the right to bring a civil action if they believe that they had any implied, equatable or contractual right to be there.

The cop acted 100% in accordance with the law as did the manager who has delegated authority from the proprietor.

Hope that helps.
''

its accurate, but it won't help some
Title: Re: Cops force fella and homeless man to leave McD
Post by: Agnostic007 on March 02, 2018, 11:14:08 PM
You're gonna have to prove that one too me. Can you site case law on that one?

google right to refuse. I could cut a paste a lot of links but it would be easier if you just googled it.
Title: Re: Cops force fella and homeless man to leave McD
Post by: be back on March 02, 2018, 11:19:51 PM
You're gonna have to prove that one too me. Can you site case law on that one?

You can refuse entry to anyone, its when you give a reason you can then fall foul of discrimination

Two Christian cake bakers in the UK got fined for not making a cake for a gay couple because they gave the reason that their beliefs would not allow them as homosexuality was wrong in the eyes of God.

They gave a reason, they should just have said they were too busy.

although they should be able to not make a cake for a gay couple if thats what they believe, seems homosexuality is protected but freedom of religion isn't, thats if you are a christian and not muslim of course.
Title: Re: Cops force fella and homeless man to leave McD
Post by: IRON CROSS on March 02, 2018, 11:50:17 PM
where is the compassion?

Horizontal "swastika" symbolize compassion  ;)