Thread: Banned the wearing of hoodies

Originally Posted by Chucaro

I still waiting to see what would be happen when someone walks in wearing a Burka.

I'm thinking of walking around wearing a tent, part of my religious attire as a recreational 4WDer.



Do you think they can make me open the door?

Originally Posted by richard4u2

i feel the security people at shops ( big w kmart etc ) and factories, the term security is just a job title so what can they legally do ?? why i am saying this when i worked at australia post i had to go inside big w to deliver the mail when leavin the security ask to see in my mail bag this i refused , nothing happen latter i was delivering mail to westrail at kewdale again the security guy ask to see in the mail bag again i refused and again nothing happen

They can legally detain you until an authorised representative of the law (usually a police officer or, on occasion, sheriff) is present, who may then question you as to your identity and legally compel you to display the contents of your bag.

That's what they can do. They just don't always do that.

Cheers,
Iain

Originally Posted by Lotz-A-Landies

I'm thinking of walking around wearing a tent, part of my religious attire as a recreational 4WDer.

Oh dear, that is such a legal can of worms I don't even want to think about the possibilities

Good look though

Cheers,
Iain

Originally Posted by Lotz-A-Landies

I'm thinking of walking around wearing a tent, part of my religious attire as a recreational 4WDer.



Do you think they can make me open the door?

It would be interesting if you have a porta potti on wheels inside

arthur,

I think the reason this has started in WA is because they all ready have a legal precedent that burqu,s are not required under Islam. It was made early this year or late last for the woman who wanted to give evidence in court wearing her burqa so if the shopping centres push it from hoodies to a burqa etc they have the legal precendent on their side also leaves it open for banks and servos to follow if not to much fuss is made

Originally Posted by richard4u2

i feel the security people at shops ( big w kmart etc ) and factories, the term security is just a job title so what can they legally do ?? why i am saying this when i worked at australia post i had to go inside big w to deliver the mail when leavin the security ask to see in my mail bag this i refused , nothing happen latter i was delivering mail to westrail at kewdale again the security guy ask to see in the mail bag again i refused and again nothing happen

Richard,
That is pretty much correct. There are different security licenses that dictate what you can and can not do. There are a lot of issues regarding this and if you have not committed and offence under the law they can not detain you and wearing a hoodie is not an offence in itself.
I have been down this path so many times it is not funny and have had corporate legal look at it so many times to clarify issues. You can not physically detain or physically search someone or their property without a police officer present and if required depending on circumstance a search warrant, thought the police do have discretionary powers to search and detain.
Persons can be asked to open bags, vehicles etc when entering or exiting site. You can refuse, but generally you will not be allowed back on site again and for most regular persons it is part of your agreement to enter site. If we would search you had to for example get the driver to open car boots, bags etc. You could not detain physically, but you just would not open the security gate until police arrived. If they did leave site without consenting they would be banned from site and so would their contract company until resolved.
There have been many cases where security believed that they could physically detain people only to lose their license in court and then also face action in court over civil liberties, where no crime has actually been committed. Where a crime has been committed there is some leeway to use appropriate force to detain, but the grey area is what is reasonable force and this is generally what brings people undone.
I have been down the path professionally and no matter what is thought to be law have seen the results. I have also had a crowd controllers license revoked and charged with assault for restraining my brother without cause and the police were on our side and pushed us to lay charges.
Cheers
Craig

Originally Posted by THE BOOGER

arthur,

I think the reason this has started in WA is because they all ready have a legal precedent that burqu,s are not required under Islam. It was made early this year or late last for the woman who wanted to give evidence in court wearing her burqa so if the shopping centres push it from hoodies to a burqa etc they have the legal precendent on their side also leaves it open for banks and servos to follow if not to much fuss is made

I think the issue is yes you can be asked to remove an item of head dress for identification purposes, which is OK. You can not be refused entry just because you are wearing a hoodie. There is no legal precedent as such. I can still enter a bank with a helmet in my hand, or wearing an open face helmet as most posties do.

I heard WA was considering changes to legislation similer to the new NSW legislation regards identification but the earlier court ruling in WA said the burqa was not required under islam so islamic women can not claim it as a religious right or discrimination on religious grounds, but someone will challenge it no doubt we,ll see what happens