Comparing a residential landlord/tenant agreement to a commercial one is dangerous. Residential leases have lots of legal protections for the tenant built in that a commercial tenant doesn’t have. A better example might be - if you stapled hardcore pornography to your outside door, the landlord would probably be within his rights in just removing it, and not getting the courts to force you to remove it.
Its just typical of Dallas, believe me. I am so happy that I no longer live in that hellhole.
It’s typical of Chambers of Commerce types.
All they’ve done is call attention to the negative image they say they’re fighting.
I’m actually not so sure of that, if your outside door is not a common area of the leased property
this has nothing to do with the lack of legal protections for a commercial lessee. generally, parties who suffer from a breach of contract can’t remedy the situation themselves. the proper way to get a breaching party to stop what they’re doing is to a) ask or b) seek injunctive relief, in that order.
I’d like to see that lease agreement. I wonder if a standard one allows a mall to ban any merchandise for any reason whatsoever. The shirts in question were not obscene and did not insult any person or persons - just the town, which seems to have had some problems.
I only looked at some of the comments, but it appears one poster brought up generic free speech issues, got called a liberal, and denied it. If this is standard for Dallas, I don’t blame you.
The police were not involved in this case, and it is not clear they were involved in the other case. If the vendor didn’t sue, there is no way to know what the legal standing actually is. Judging from the article, I wouldn’t trust the Chamber of Commerce or the mall owners to respect any rights at all.
That’s putting it mildly. I grew up in Pleasant Grove and it’s anything but. The very first money I made from my art was from T-shirts referring to Pleasant Grove - that was in about '79. It was a stylized Mickey Mouse with the words “Grove Rat” underneath (Grove Rats being what people from The Grove are called). I couldn’t silk-screen them fast enough. Eventually they were officially banned from schools in Dallas.
Pleasant Grove was a very tough place in the late 70’s and the last time I was in Dallas it didn’t seem any better - worse in fact.
None of this has anything to do with the OP, but knowing PG as I do makes this much more of a non-story. Typical Dallas BS.
I believe that repair shops can legaly hold your car if you refuse to pay until the issue is resolved. Same with hotels, they can hold your luggage if you don’t pay.
Both of those are called ‘leins’ and they are in the agreement you sign when you do either of those tasks - while they can keep it as security, they cant do anything with it without assistance from the courts.
to add onto simster’s analysis, most mechanic’s liens and innkeeper’s liens are creatures of statute. In such statutes, the State gives the lienholder the power to self-help, without resort to the courts (same thing for repossessions of certain secured assets, too)
See, for example:
Now people in other countries, who never heard of Pleasant Grove or its Chamber of Commerce before, have a negative image of it. Way to go, boosters!
Perhaps now that they have some shelf space available, I can talk them into selling my line of custom dildos. What could possibly go wrong?
IIRC, one may sell sex toys in Texas only if they are clearly labeled as being instructional devices. Law may have changed but if it did, it probably changed for the worse.
“Following our extensively-illustrated manual, learn the many uses of the BFD-3000…”
Instructional devices? GREAT! I can sell the accompanying illustrated publication 1001 Uses for a Texas-Sized Dick. Who could object with Texas in the very title?
AND, the various models will be named after famous Texans and Texas landmarks. The Slammin’ Sam Houston! You’ll never forget THIS Alamo!
Thanks a lot for bringing dildos into this.
Please drop the subject for this thread.
I don’t trust much of anyone to respect any rights these days. And maybe the courts would stand for freedom; but don’t bet on it unless Vegas is giving really good odds.
Sorry, I just now realized this was in GQ, and my coments were inappropriate for this forum.
I would expect mall security would remove the t-shirts from the mall, not seize them. I’d guess that the reason for the seizure is to increase the chance that the fine will be paid – just plain wanting someone else’s money is much better protected if you’re a corporation than if you’re an individual.
However, my ability to argue rationally about this story is severely degraded by the following salient fact:
The woman is in public relations. Her name is Debbie Screws. In Dallas.
Love the fact that the protesting store owner quoted in the story runs a pawn shop.