Falsely accussed of shoplifting.

[lrobinson828]

My niece who has special needs was shopping in a small jewelry/accessories store with her sister and some church friends. She purchased a pair of sunglasses and as she was leaving the store, the manager ran up to her and her sister and accussed them of shoplifting. They went back into the store. my niece called her mom to tell her that they had to wait at the store for security because they were being accussed of stealing. Mall security was called and also the police. They found no stolen merchandise. My sister arrived and was told that they were stealing yet nothing stolen was found, they had receipts for all puchases. They were questioned in the middle of the store, humiliated in front of customers for 2 hours (this was the day after Christmas, so the store was very busy). The stress and confusion of all this caused my niece to have a seizure. The security guard proceeded to try to take her picture during the seizure for a ban and bar from the entire shopping mall. They accussed my 15 year old niece of using her 20 year old special needs sister to steal things. That she put her up to something that didn't even happen. They said that my niece looked suspicous because she fidgets and holds the merchandise in a way that looks as if she is going to steal. My niece is mentally challenged and has epilepsy. She is too innocent to ever think of stealing. She is now very confused and does not understand why the police treated her this way. Not to mention her 15 year old sister who was humiliated in front of her peers. Security refuses to remove the ban and bar even though the parents have tried to explain her innocence. They have tried calling talking to the manager of the store, but the police will not allow it. The corporate office of the store will not return their phone call. My sister has the police report and there is no proof that anything was stolen. Do they have a discrimination case?

[Joa]

I am not sure about discrimination- that would depend on whether a person with disability was treated differently (worse) in comparison to a non-disabled person. Leaving the issue of discrimination on a side, I think your sister has a valid complaint nevertheless. I think your nieces were treated in a horrendous manner , even if the security had a reason to be suspicious. Now everything needs to put in writing- no more calls. Strong complaint to the manager of the shopping centre, to the manager of the security company and to the CEO/managing director of the shop/store chain where the purchases were made. Copy the letter also to your community safety officer (police) and your councilor. Describe the event but focus also on a bigger picture; lack of training of the security guards, mistreatment of people with "invisible" disabilities, lack of sensitivity on a part of security and shop management, and health and safety issue (did anyone come to help during the seizure? was the seizure recognised by the staff?, possible personal injury claim). I would really heap it on- they deserve to be properly afraid of legal action and your nieces deserve apology.

[crash3903]

And ask for a copy of the CCTV footage

[ScarletPimpernel]

Did this happen in the UK, or elsewhere? I ask because the spelling of 'jewelry', and some other things suggest to me that this may have occurred in America.

[lrobinson828]

In America.

[Bookworm]

Hi, this is a UK consumer forum and the laws are different here, so I'm afraid any advice you would be given would be quite irrelevant to your case.

May I suggest you have a look for something like this site on a search limited to the US? Or can you not find an attorney to give you some pro-bono advice maybe?

I wish you all the best.

[crash3903]

and as an helpful post here is a forum for the US

Good luck

[Joa]

Whilst the details of the law may be slightly different, I wouldn't think the situation described by the poster would be acceptable and reasonable in USA. So I would still encourage the OP to start by written complaint.