Taylor, MI asked in Uncategorized for Michigan

Q: May a store be both a public and private place?

When asked to leave by employees they say it's private property. If someone films someone in the store it is said to be a public place.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Your question confuses rights on private versus public lands. Stores are privately owned facilities opened to the public. The owners, or their employees, may tell whomever to not enter the store. You see this commonly in cases of retail fraud where the person is ordered to stay out of the store. Because stores are open to the general public, it is a public space to a certain extent for first amendment purposes.

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