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Another Anti-Trump snowflake melts...


PNWguy
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https://www.thegatewaypundit.com/2018/12/update-xhale-city-vape-shop-fires-racist-trump-hating-liberal-after-screeching-meltdown-caught-on-video/

A clerk at Xhale City vape shop in Tucker, Atlanta went absolutely ballistic after a customer wearing a Trump t-shirt walked into the establishment.

The pro-Trump customer was denied service and asked to leave the store while the vape shop employee accused him of being a “racist motherf*cker.”

A black man was also standing in front of the counter watching it all go down and it was all caught on video.

“If you do not stop recording in my store, I’m going to call the police and ask you to leave,” the triggered employee said.

The customer refused to be bullied and told the clerk to call the police — this is when things took a wild turn.

“F*ck off dude! F*ck off! Get the f*ck out of here!” the employee screamed as he assaulted the customer.

The employee is heard talking on the phone presumably to his boss where he calls President Trump a “treasonous *******.”

At this point the lunatic employee walks back over to the Trump-supporting customer, assaults him then calls him the N word.

“Leave the store! Leave the store! Leave the store! F*ck off! Get the f*ck off n*****!” the employee screamed.

At one point the customer threatened to call the cops for assault if the employee didn’t ring up his order.

The employee continued to melt down and refused to serve a paying customer — the best part about the video is that the pro-Trump customer REFUSED to back down to the liberal lunatic.

The Yelp page for Xhale City vape shop in Tucker, GA was quickly filled with one-star reviews calling for the unhinged employee to be fired.

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Both parties are in the wrong.  Once you have been asked to leave, you are trespassing if you refuse.  The reason for not listening to the guy behind the counter though is also legit, as he is clearly being unhinged and biased without a legitimate, legal reason for doing so.  

I understand just wanting to finish the purchase and get out of there, but he did egg the guy on there a few times with unnecessary comments.  

 

Were it my store, that clerk would be fired, and the customer would be asked not to return to the store.

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10 hours ago, Cougar_ml said:

Both parties are in the wrong.  Once you have been asked to leave, you are trespassing if you refuse.  The reason for not listening to the guy behind the counter though is also legit, as he is clearly being unhinged and biased without a legitimate, legal reason for doing so.  

I understand just wanting to finish the purchase and get out of there, but he did egg the guy on there a few times with unnecessary comments.  

 

Were it my store, that clerk would be fired, and the customer would be asked not to return to the store.

Does a "clerk" who is not the owner of the establishment have the right to kick out a customer for political bias?  The clerk was fired, by the way.

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1 minute ago, fortyofforty said:

Does a "clerk" who is not the owner of the establishment have the right to kick out a customer for political bias?  The clerk was fired, by the way.

The clerk is a representative of the business and therefore the property.  If the owner/representative of the owner asks you to leave a property, and you fail to do so, you are legally trespassing.  It is not limited to only the owner of a property being able to tell people they have to leave a private establishment.

If the clerk had been civil about it, and asked the person to leave with no explanation, then when they refused to do so had police come and escort them off the property, there wouldn't be much of a video, and there would be a hard time working up a case in court about bias if a white clerk asked a white customer to leave.  

Once the clerk started going off on his tirade, he became clearly in the wrong for using his personal bias as opposed to the company's policy on serving customers, unless for some reason the company has a policy that they don't serve trump supporters.

 

2 minutes ago, steve4102 said:

That went out the window as soon as the customer was assaulted.

 

 

From what I saw in the video, the clerk made it apparent he wanted the customer to leave before the "assault" happened.  Yes, the clerk is definitely in the wrong, but from what I saw of the video the customer was not necessarily 100% in the right either.  

Rarely is anything truly black and white.  I don't view this as "the customer was 100% in the right to do what he did and the clerk 100% in the wrong"  

Yes, clerk started the altercation, but the customer said things a few times that had no other purpose than to agitate the clerk further.

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4 minutes ago, Cougar_ml said:

The clerk is a representative of the business and therefore the property.  If the owner/representative of the owner asks you to leave a property, and you fail to do so, you are legally trespassing.  It is not limited to only the owner of a property being able to tell people they have to leave a private establishment.

If the clerk had been civil about it, and asked the person to leave with no explanation, then when they refused to do so had police come and escort them off the property, there wouldn't be much of a video, and there would be a hard time working up a case in court about bias if a white clerk asked a white customer to leave.  

Once the clerk started going off on his tirade, he became clearly in the wrong for using his personal bias as opposed to the company's policy on serving customers, unless for some reason the company has a policy that they don't serve trump supporters.

 

 

From what I saw in the video, the clerk made it apparent he wanted the customer to leave before the "assault" happened.  Yes, the clerk is definitely in the wrong, but from what I saw of the video the customer was not necessarily 100% in the right either.  

Rarely is anything truly black and white.  I don't view this as "the customer was 100% in the right to do what he did and the clerk 100% in the wrong"  

Yes, clerk started the altercation, but the customer said things a few times that had no other purpose than to agitate the clerk further.

I do believe when the Lunatic threw his fit and asked the customer to leave, the customer said call the cops and I'll call corporate. The Lunatic never did call the cops, so was the customer actually trespassing?

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10 hours ago, Cougar_ml said:

Both parties are in the wrong.  ....    Were it my store, that clerk would be fired, and the customer would be asked not to return to the store.

 Not knowing how it started, I would be hesitant about banning the customer.  If the tee shirt was what set the clerk off, then I would start a video in self protection if I were the customer, because he might have already set off an alarm and I might be facing the police soon. 

 If the instore video showed more, I would still be hesitant about banning the customer.  The clerk was clearly out of control and deserved firing.  Especially as he seemed to be ignoring the customer who was there first.  

Safe spaces for triggered people don’t exist in the real world.  And the sooner this kid realizes it, the better off he will be.  

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13 minutes ago, steve4102 said:

I do believe when the Lunatic threw his fit and asked the customer to leave, the customer said call the cops and I'll call corporate. The Lunatic never did call the cops, so was the customer actually trespassing?

https://realestate.findlaw.com/land-use-laws/trespassing-basics.html

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil trespass laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible (regardless of whether a crime has been committed).

Intent and Knowledge Requirements

Traditionally, for either type of trespass -- criminal or civil -- some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another's land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign is posted. A trespasser would probably not be prosecuted if the land was open, the trespasser's conduct did not substantially interfere with the owner's use of the property, and the trespasser left immediately on request.

 

ETA: once you have been asked to leave you are trespassing.  It doesn't require the police to be involved or even notified for trespassing to occur, all it takes is being in a location where you have either been verbally or with signage notified that you do not have permission to be.  

Edited by Cougar_ml
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Just now, Brown Hawk said:

 Not knowing how it started, I would be hesitant about banning the customer.  If the tee shirt was what set the clerk off, then I would start a video in self protection if I were the customer, because he might have already set off an alarm and I might be facing the police soon. 

 If the instore video showed more, I would still be hesitant about banning the customer.  The clerk was clearly out of control and deserved firing.  Especially as he seemed to be ignoring the customer who was there first.  

Safe spaces for triggered people don’t exist in the real world.  And the sooner this kid realizes it, the better off he will be.  

The only thing I have against the customer are some of his comments that's only purpose was to agitate the clerk further.  Had the customer stopped at "sell me the product and I'll leave" and not made additional comments, then I wouldn't really have found anything wrong with how the customer behaved.  The swearing at the clerk, then saying things like "Do my bidding" were a bit outside of what I find to be appropriate customer behavior, just because the clerk was having a total meltdown doesn't give the customer the right to behave badly either.

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15 minutes ago, Cougar_ml said:

https://realestate.findlaw.com/land-use-laws/trespassing-basics.html

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. 

Real estate law is not prime in this case, as the customer clearly had the owner’s permission to enter the property.  Now you are into commercial and other law.  As a representative of the owner, the clerk can ask a customer to leave, subject to the owner’s policies.  Most policies would not allow a clerk to arbitrarily ask a customer to leave.  

In that situation, I would start recording in self protection, as the clerk might accuse me of trying to rob the store.  

Given, the amusement didn’t help the situation.  But even that is understandable, as it can be used to keep someone from raging back.  And I have taken worse from customers.  It isn’t the customer’s job to be polite, it is the clerk’s.  

 Hawk 

ETA. Yeah, the customer was being an ————.  Still no excuse for the clerk.

Edited by Brown Hawk
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13 minutes ago, Brown Hawk said:

Real estate law is not prime in this case, as the customer clearly had the owner’s permission to enter the property.  Now you are into commercial and other law.  As a representative of the owner, the clerk can ask a customer to leave, subject to the owner’s policies.  Most policies would not allow a clerk to arbitrarily ask a customer to leave.  

In that situation, I would start recording in self protection, as the clerk might accuse me of trying to rob the store.  

Given, the amusement didn’t help the situation.  But even that is understandable, as it can be used to keep someone from raging back.  And I have taken worse from customers.  It isn’t the customer’s job to be polite, it is the clerk’s.  

 Hawk 

ETA. Yeah, the customer was being an ————.  Still no excuse for the clerk.

Permission to enter a property can be revoked at the owner or representative of the owner's discretion.  Depending on what they are doing or how long they have been on the property affects the legal response required to remove them.  

 

Yes, asking a customer to leave may violate the corporate policy, but that doesn't change the legality of the request, only that the clerk will be held liable to the company policy.

Recording whenever anything isn't 100% on the level is always a good policy these days.

Yes, the clerk is supposed to serve the customer, not their own political beliefs.  Becoming unhinged at the sight of a T-shirt and hat clearly shows this clerk should NOT be working in a job where customers are involved.

 

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From what I can tell, political affiliation is not considered to be a type of discrimination covered by the civil rights act, so as much as I don't like it, being asked to leave an establishment because you openly support a specific candidate or politician is not protected by anti-discrimination laws, and is even specifically allowed by the 1964 civil rights act if you are a member of the communist party.

Most of the laws are written as equal employment type laws, but I'm guessing much of the same arguments can be used for who is being served by the workplace as well as who is employed there.

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25 minutes ago, Cougar_ml said:

Permission to enter a property can be revoked at the owner or representative of the owner's discretion.  Depending on what they are doing or how long they have been on the property affects the legal response required to remove them.  

 

Yes, asking a customer to leave may violate the corporate policy, but that doesn't change the legality of the request, only that the clerk will be held liable to the company policy.

Recording whenever anything isn't 100% on the level is always a good policy these days.

Yes, the clerk is supposed to serve the customer, not their own political beliefs.  Becoming unhinged at the sight of a T-shirt and hat clearly shows this clerk should NOT be working in a job where customers are involved.

 

In my state the owner of the store would have to sign the warrants In order for prosecution for trespass to occurr. 

 

The police might escort the guy off guy off the property at a clerks request if the owner wasn’t on scene or couldn’t be reached by phone, but no arrest would occurrr based on a cashiers request. 

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Cougar, you are forgetting the other side of the coin.  The Corporate is also legally liable.  And the invitation of the open door is not one that can be lightly revoked.  This customer is now able to sue for assault, slander, etc, without that apology which says “against our corporate policy.”  Which basically means that the clerk had no legal right to ask the customer to leave in the first case.  

In retailing, the trespass laws are very complex because the customer is welcomed in.  Even a sign on the door being violated might not be sufficiently adaquate reason, believe it or not.  

Hawk

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