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	<title>Comments on: House of Blues security guard assaults woman for taking his picture (updated)</title>
	<atom:link href="http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/</link>
	<description>Shining a Light on First Amendment, Media and Police Issues</description>
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		<title>By: Security Guards Chicago</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-16033</link>
		<dc:creator>Security Guards Chicago</dc:creator>
		<pubDate>Tue, 27 Oct 2009 15:21:01 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-16033</guid>
		<description>Another case of lack of training and I bet a lack of accurate training history. In training, we teach our associates to always assume that you are being taped, because you eventually will. By a TV station, a customer, a client or our own quality control.</description>
		<content:encoded><![CDATA[<p>Another case of lack of training and I bet a lack of accurate training history. In training, we teach our associates to always assume that you are being taped, because you eventually will. By a TV station, a customer, a client or our own quality control.</p>
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		<title>By: anonymous</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15934</link>
		<dc:creator>anonymous</dc:creator>
		<pubDate>Wed, 21 Oct 2009 17:41:14 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15934</guid>
		<description>This is disgusting. That should be FELONY battery and assault!  I also believe the HOB has culpability in fostering the ideas in their guards heads that using this kind of force is acceptable. If they were Off duty, why did they act in behalf (slightly) or claim affiliation with HOB?  HOB needs to change their hiring practice or work with their guards. I often go over to the site, Buzznet, and am sad it happened to one of the photographers that frequents the site!

I , too,  was told by Denver police to, &quot;put the f***king camera down ...I better not end up on Youtube or else&quot; when taking pictures of a person in the street that had passed out. I am NOT a photographer and it was a cheap nonprofessional camera, I was standing on the sidewalk OUT of the way! I suppose even some police and firemen do not know the law.

Good luck to the girls and I hope they are OK physically and mentally. This is a court case all the way and I do hope they receive compensation for all they went through!</description>
		<content:encoded><![CDATA[<p>This is disgusting. That should be FELONY battery and assault!  I also believe the HOB has culpability in fostering the ideas in their guards heads that using this kind of force is acceptable. If they were Off duty, why did they act in behalf (slightly) or claim affiliation with HOB?  HOB needs to change their hiring practice or work with their guards. I often go over to the site, Buzznet, and am sad it happened to one of the photographers that frequents the site!</p>
<p>I , too,  was told by Denver police to, &#8220;put the f***king camera down &#8230;I better not end up on Youtube or else&#8221; when taking pictures of a person in the street that had passed out. I am NOT a photographer and it was a cheap nonprofessional camera, I was standing on the sidewalk OUT of the way! I suppose even some police and firemen do not know the law.</p>
<p>Good luck to the girls and I hope they are OK physically and mentally. This is a court case all the way and I do hope they receive compensation for all they went through!</p>
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		<title>By: Jerri Lynn Ward</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15905</link>
		<dc:creator>Jerri Lynn Ward</dc:creator>
		<pubDate>Mon, 19 Oct 2009 20:45:26 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15905</guid>
		<description>&quot;I am not a lawyer, but it’s pretty clear that the ladies’ best move (stated previously by another commenter) would have been to withdraw, dial 911, file charges, and recover their cameras through the police.&quot;

What does Illinois law say about your rights to get your property back from a thief?  If you no longer have that right, then self governance is a thing of the past.  In Texas, we have the right to use physical force to stop someone from robbing us.</description>
		<content:encoded><![CDATA[<p>&#8220;I am not a lawyer, but it’s pretty clear that the ladies’ best move (stated previously by another commenter) would have been to withdraw, dial 911, file charges, and recover their cameras through the police.&#8221;</p>
<p>What does Illinois law say about your rights to get your property back from a thief?  If you no longer have that right, then self governance is a thing of the past.  In Texas, we have the right to use physical force to stop someone from robbing us.</p>
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		<title>By: Ken</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15882</link>
		<dc:creator>Ken</dc:creator>
		<pubDate>Sun, 18 Oct 2009 05:44:32 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15882</guid>
		<description>It&#039;s always better to de-escalate.  However, in some states, Texas for example, you are legally entitled to use deadly force to protect or recover your property.  I have no idea what the law is elsewhere.</description>
		<content:encoded><![CDATA[<p>It&#8217;s always better to de-escalate.  However, in some states, Texas for example, you are legally entitled to use deadly force to protect or recover your property.  I have no idea what the law is elsewhere.</p>
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		<title>By: Jon Quimbly</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15881</link>
		<dc:creator>Jon Quimbly</dc:creator>
		<pubDate>Sun, 18 Oct 2009 05:15:46 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15881</guid>
		<description>There&#039;s a lot of talk here.   One thing should be clear,  if you ever do find yourself in an altercation with a HOB-type insecurity guard...

&lt;a href=&#039;http://www.expertlaw.com/library/personal_injury/assault_battery.html&#039; rel=&quot;nofollow&quot;&gt;&quot;A person who is assaulted may use such reasonable force as may be necessary, or which at the time reasonably appears to be necessary, to protect himself or herself from bodily harm. An act of self-defense must ordinarily be proportionate to the threat. That is, if you believe a person is going to spit on you, depending upon the context it may be reasonable to push the person away, but it would not be reasonable to hit the person with a baseball bat.

A plaintiff may be expected to withdraw from the threat, if possible, before engaging in forcible resistance. However, if the plaintiff is in his own home and the defendant is not a member of the plaintiff&#039;s household, a plaintiff will typically not be required to further withdraw from the threat once the plaintiff has retreated to his own home.&quot;&lt;/a&gt;

I am not a lawyer, but it&#039;s pretty clear that the ladies&#039; best move (stated previously by another commenter) would have been to withdraw, dial 911, file charges, and recover their cameras through the police.  

Engaging physically with the HOB thugs only increased the possibility that they&#039;d be injured or worse, and didn&#039;t change the odds of recovering their cameras (and that apparently didn&#039;t happen til the cops arrived, anyway?)

It might seem reasonable to fight back - but remember, these thugs had just (allegedly) criminally battered the women (and robbed them in some opinions here), and you never know what they might be packin&#039;, especially in an urban street situation.

On the other hand, videotaping the action was entirely reasonable, to me - capture evidence, but get back so you don&#039;t get hurt (or get charged for being involved in a melee, however unintentionally.)</description>
		<content:encoded><![CDATA[<p>There&#8217;s a lot of talk here.   One thing should be clear,  if you ever do find yourself in an altercation with a HOB-type insecurity guard&#8230;</p>
<p><a href='http://www.expertlaw.com/library/personal_injury/assault_battery.html' rel="nofollow">&#8220;A person who is assaulted may use such reasonable force as may be necessary, or which at the time reasonably appears to be necessary, to protect himself or herself from bodily harm. An act of self-defense must ordinarily be proportionate to the threat. That is, if you believe a person is going to spit on you, depending upon the context it may be reasonable to push the person away, but it would not be reasonable to hit the person with a baseball bat.</p>
<p>A plaintiff may be expected to withdraw from the threat, if possible, before engaging in forcible resistance. However, if the plaintiff is in his own home and the defendant is not a member of the plaintiff&#8217;s household, a plaintiff will typically not be required to further withdraw from the threat once the plaintiff has retreated to his own home.&#8221;</a></p>
<p>I am not a lawyer, but it&#8217;s pretty clear that the ladies&#8217; best move (stated previously by another commenter) would have been to withdraw, dial 911, file charges, and recover their cameras through the police.  </p>
<p>Engaging physically with the HOB thugs only increased the possibility that they&#8217;d be injured or worse, and didn&#8217;t change the odds of recovering their cameras (and that apparently didn&#8217;t happen til the cops arrived, anyway?)</p>
<p>It might seem reasonable to fight back &#8211; but remember, these thugs had just (allegedly) criminally battered the women (and robbed them in some opinions here), and you never know what they might be packin&#8217;, especially in an urban street situation.</p>
<p>On the other hand, videotaping the action was entirely reasonable, to me &#8211; capture evidence, but get back so you don&#8217;t get hurt (or get charged for being involved in a melee, however unintentionally.)</p>
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		<title>By: Jon Foster</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15880</link>
		<dc:creator>Jon Foster</dc:creator>
		<pubDate>Sun, 18 Oct 2009 04:38:53 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15880</guid>
		<description>This idiot did this on a public street? I&#039;m a photographer and would have serious issues with this guy. One of us would have ended up hurt and I&#039;d make sure it wasn&#039;t me. He&#039;s obviously nothing but a street thug who needs to be sitting in a small cement cell.

If I was a passer by and actually saw him beating some girl like this without knowing anything about what was going on I would have stopped and he would have ended up in a hospital. Using the minimum force necessary to cripple him until he could be put into a court room would be my first priority.</description>
		<content:encoded><![CDATA[<p>This idiot did this on a public street? I&#8217;m a photographer and would have serious issues with this guy. One of us would have ended up hurt and I&#8217;d make sure it wasn&#8217;t me. He&#8217;s obviously nothing but a street thug who needs to be sitting in a small cement cell.</p>
<p>If I was a passer by and actually saw him beating some girl like this without knowing anything about what was going on I would have stopped and he would have ended up in a hospital. Using the minimum force necessary to cripple him until he could be put into a court room would be my first priority.</p>
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		<title>By: Michaelk42</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15851</link>
		<dc:creator>Michaelk42</dc:creator>
		<pubDate>Fri, 16 Oct 2009 04:46:48 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15851</guid>
		<description>@Mike Hawk

People have a right to defend themselves from being attacked and robbed. The fact that she started &quot;pushing and shoving the guard&quot; is irrelevant as she had the right to do worse.</description>
		<content:encoded><![CDATA[<p>@Mike Hawk</p>
<p>People have a right to defend themselves from being attacked and robbed. The fact that she started &#8220;pushing and shoving the guard&#8221; is irrelevant as she had the right to do worse.</p>
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		<title>By: Carlos Miller</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15848</link>
		<dc:creator>Carlos Miller</dc:creator>
		<pubDate>Fri, 16 Oct 2009 04:37:00 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15848</guid>
		<description>Mike,

I&#039;d like to point out that if a security guard tackled me and pried my camera from my hands, I would be wailing on him with my fists.

Do you really believe security guards can go around robbing people of their personal items and not expect people to fight back?</description>
		<content:encoded><![CDATA[<p>Mike,</p>
<p>I&#8217;d like to point out that if a security guard tackled me and pried my camera from my hands, I would be wailing on him with my fists.</p>
<p>Do you really believe security guards can go around robbing people of their personal items and not expect people to fight back?</p>
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		<title>By: Mike Hawk</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15847</link>
		<dc:creator>Mike Hawk</dc:creator>
		<pubDate>Fri, 16 Oct 2009 04:33:17 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15847</guid>
		<description>I&#039;d like to point out that she did start pushing and shoving the guard. While he may have been in the wrong in assaulting her in the first place, she didn&#039;t help her cause by screaming and shoving the guard.  I find that a lot of the reporting on this site is almost entirely biased towards one side and doesn&#039;t look at the issues as a whole.</description>
		<content:encoded><![CDATA[<p>I&#8217;d like to point out that she did start pushing and shoving the guard. While he may have been in the wrong in assaulting her in the first place, she didn&#8217;t help her cause by screaming and shoving the guard.  I find that a lot of the reporting on this site is almost entirely biased towards one side and doesn&#8217;t look at the issues as a whole.</p>
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		<title>By: Kurt</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15831</link>
		<dc:creator>Kurt</dc:creator>
		<pubDate>Thu, 15 Oct 2009 18:25:43 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15831</guid>
		<description>I don&#039;t see how concealed carry has anything specifically to do with this. 

My opinion is that, if more people were to legally carry firearms, things like this wouldn&#039;t happen as much (where I live, for example, you don&#039;t see guards harassing people like this). The reason obviously is something like this can EASILY escalate into a shootout or other such thing. If someone trys to help the poor female the rest of the guards will start trying to beat his ass, he could start shooting the guards, etc, etc. Best just to leave people alone.

Most people that carry firearms have some sort of de-escalation training or whatnot. This situation is very difficult, however I would probably ultimately try to stop the guard from assaulting the person. If multiple guards were to gang up on me and start assaulting me, it could very well end up in a shootout, but that&#039;s a risk you have to take rather than just let somebody get assaulted and do nothing.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t see how concealed carry has anything specifically to do with this. </p>
<p>My opinion is that, if more people were to legally carry firearms, things like this wouldn&#8217;t happen as much (where I live, for example, you don&#8217;t see guards harassing people like this). The reason obviously is something like this can EASILY escalate into a shootout or other such thing. If someone trys to help the poor female the rest of the guards will start trying to beat his ass, he could start shooting the guards, etc, etc. Best just to leave people alone.</p>
<p>Most people that carry firearms have some sort of de-escalation training or whatnot. This situation is very difficult, however I would probably ultimately try to stop the guard from assaulting the person. If multiple guards were to gang up on me and start assaulting me, it could very well end up in a shootout, but that&#8217;s a risk you have to take rather than just let somebody get assaulted and do nothing.</p>
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		<title>By: Chicago</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15819</link>
		<dc:creator>Chicago</dc:creator>
		<pubDate>Thu, 15 Oct 2009 13:27:50 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15819</guid>
		<description>As a long time patron of the House of Blues in Chicago, I can attest that this heavy-handed behavior is a regular occurance.  I personally have been harrassed by these power-deluded &quot;security&quot; personnel for no reason on several occasions.  I attempted to contact the Chicago House of Blues management on those occasions to report the harrassment/ assault, but the HOB management wouldn&#039;t take my calls even after explaining why I was trying to call them.  It&#039;s time that the citizens of Chicago put an end to the abuse people suffer by rogue &quot;guards&quot; and police.  I am even willing to participate in a class action suit against the HOB if any lawyer out there is interested in leading the fight.</description>
		<content:encoded><![CDATA[<p>As a long time patron of the House of Blues in Chicago, I can attest that this heavy-handed behavior is a regular occurance.  I personally have been harrassed by these power-deluded &#8220;security&#8221; personnel for no reason on several occasions.  I attempted to contact the Chicago House of Blues management on those occasions to report the harrassment/ assault, but the HOB management wouldn&#8217;t take my calls even after explaining why I was trying to call them.  It&#8217;s time that the citizens of Chicago put an end to the abuse people suffer by rogue &#8220;guards&#8221; and police.  I am even willing to participate in a class action suit against the HOB if any lawyer out there is interested in leading the fight.</p>
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		<title>By: Tone</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15814</link>
		<dc:creator>Tone</dc:creator>
		<pubDate>Thu, 15 Oct 2009 06:50:05 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15814</guid>
		<description>This is some bullshit yo! What can i do to punish these fuckers?</description>
		<content:encoded><![CDATA[<p>This is some bullshit yo! What can i do to punish these fuckers?</p>
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		<title>By: akagoldfish</title>
		<link>http://carlosmiller.com/2009/10/13/house-of-blues-security-guard-assaults-woman-for-taking-his-picture/#comment-15812</link>
		<dc:creator>akagoldfish</dc:creator>
		<pubDate>Thu, 15 Oct 2009 03:45:52 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=8215#comment-15812</guid>
		<description>Actually, the actions of the guard in this case makes a really good argument against conceal carry, since he&#039;s just the type of person who makes it a dicey proposition. 

On the other hand, security guards in Illinois can be licensed to carry firearms openly, so let&#039;s be glad the HOB doesn&#039;t have their employees do so.</description>
		<content:encoded><![CDATA[<p>Actually, the actions of the guard in this case makes a really good argument against conceal carry, since he&#8217;s just the type of person who makes it a dicey proposition. </p>
<p>On the other hand, security guards in Illinois can be licensed to carry firearms openly, so let&#8217;s be glad the HOB doesn&#8217;t have their employees do so.</p>
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