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  1. #1
    Join Date
    Feb 2020
    Posts
    9

    Default Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    My question involves an injury that occurred in the state of: Washington


    I've been a member at a particular club warehouse for a long time. Over 30 years, paying my dues on time. I've never had an incident, none at all, zero.

    Recently, an incident did occur inside this warehouse. I entered the facility as one would normally enter, however, I believe I was misjudged, profiled, and a store greeter came at me from behind after I had entered the facility while pushing a shopping cart.

    I was surprised, because what happened, was something I had not expected, as I've been going to the same club warehouse for years. Some people recognize me, I'm a regular. This person, a club employee, must have suspected I had done something wrong, was up to no good, or being nefarious, is my guess, but I do not know his reasons or explanation for the actions that proceeded to follow.

    While pushing the shopping cart, the store employee came up from behind me, in a surprising, startling manner, acted aggressively, and attempted to subdue me and push me to the ground with excessive, extreme force. My shopping cart almost went flying, but I was holding onto it with both hands, as it was acting as a stabilizer, and prevented me from falling. I yelled and shouted at this person to stop, leave me alone, to back off. I was loud, and i felt attacked or assaulted, and in a way that I can't find a reason, that would provoke or cause a store employee to do this. Anyway, after i did not go to the ground, the guy retreated, and I continued to go about my business, picked up what I needed, and left. As I was leaving, I reported the incident to a store employee who said they'd relay my concerns to an assistant general manager, and also stated what happened should not have happened to me. At this point, I noticed the same person was now waiting for me at the exit entry, and saw me at the service counter speaking to another employee. As I proceeded to leave, a similar incident again happened, and the same person who tried to subdue me was now preventing me from leaving the store. He had his hands on my cart with force so that I could not push it out the door. This store employee refused to let me proceed out the door, swore at me, used profanity, came up next to me and beside me, and was still acting very aggressive and hostile towards me. I again shouted and yelled out for this guy to stop, leave me alone, back off, to stop attacking me. He then eventually let go of my cart and I left the facility.

    This happened on a day where the store was about to close, it was in the process of closing for the day. The very next day, I attempted to file an incident report with the police, and had them meet me at the store. About 6 police officers show up, and I'm met with some aggression and a lot of resistance by the officers. They asked me why I did not file a report the prior day, and stated that I no longer had a right to file a report and that I should have done so the day of the incident. I told them the store was closing, it was late, I had to get home, and that it was not possible for me to deal with filing an incident on the day it happened, so I did the next best thing and attempted to file an incident the next day. Anyway, all the officers wanted to do was argue with me, telling me how if it was them, they would have called 911 on the day it happened and that it must not have been very severe since I waited so long, etc, etc. But, the officers walk inside the store, met with an assistant general manager, and talked with the store employee who I had an incident with, as they were also there the following day. The store manager came out, did not say a word to me, and had the officers charge me with a trespass warning, that is valid for 1 year. I wasn't given an explanation, and there is no reason as to why this was issued, other than the offence was "trespass warning" with no further information. I pulled the police report, and while redacted, there's not much more information other than that, and no reason given as to what prompted a "trespass warning." I was told by police officers, that I did want to file an incident report, before being issued a trespass, and after being issued a trespass warning. After receiving the trespass warning, the officer said that this was my incident report, and to use that.

    The day I received the trespass warning, I called the stores corporate number, and filed a complaint, and wanted to get more information, and see what I could to do get this resolved, the trespass warning dropped, and see if i could get a reason as to why all this happened.

    It took a while, but I finally heard back, and the information I received was not good. I was told by someone at an administrative level, that the normal procedure for a "trespass warning", even though it was supposed to be temporary and prevented me from entering the facility for 1 year, was to terminate the membership, refund the fees, and then part ways forever. In other words, a permanent ban. I was told that the police had to sign off on the trespass warning, which they did, and that usually means that there was enough evidence to justify the warning, because both the store and several police officers signed off on the warning. It seems as though, if I had just kept my mouth shut, not filed a corporate complaint, that in 1 year, this would have blown over and the trespass warning would have invalidated and terminated itself in 1 year if there was no further incident. But now that I did complain, I'm losing or going to lose my membership forever, and be permanently banned, for life.

    There's something missing from this, and I don't know what it is. I don't have the inside story, I don't know what the membership store is stating or saying, other than pointing and placing all fault on me, the customer who had a valid membership to enter the store. The only thing I was told was that I seemed agitated, which seems to be backed up by store employees, who saw me yelling at the store employee, who caused and initiated an aggressive and excessively forceful incident. And that probably did agitate me and caused me to defend myself by telling him to stop, loudly. However, I don't believe that would justify that some sort of crime has been committed, or to have a trespass warning issued and signed off on by the police. I did not use any force, touch the guy, my hands were on the shopping cart the entire time that the incident took place.

    Am I completely screwed? I assume the store has fine print writing that says they can lawfully terminate a membership at any time for any reason without discretion, like probably every other store has, somewhere in their legal doctrine that nobody reads.

    Thank you in advance.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,887

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    While we don't know the club and it's best you don't say, all the ones I have been members of have had clauses in the membership agreement regarding terminating the membership. You are free to consult with an attorney regarding the alleged battery by the club employee. It makes no sense that what I assume was a security or loss prevention associate would come after you right on entry. It's even odder that they would disengage and then re-engage as you are trying leave rather than calling the police. What you should have done when they happened was go immediately to the customer service desk and demand to speak to a manager.
    I am the Mouse Man

  3. #3
    Join Date
    Oct 2016
    Posts
    4,001

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    Why you continued your shopping after what by your description would be an assault upon your person makes me wonder about your entire story. Anyone I know would have either called the police or to the management at once.

  4. #4
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    20

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    Quote Quoting mark302910
    View Post
    While pushing the shopping cart, the store employee came up from behind me, in a surprising, startling manner, acted aggressively, and attempted to subdue me and push me to the ground with excessive, extreme force. My shopping cart almost went flying, but I was holding onto it with both hands, as it was acting as a stabilizer, and prevented me from falling. I yelled and shouted at this person to stop, leave me alone, to back off. I was loud, and i felt attacked or assaulted, and in a way that I can't find a reason, that would provoke or cause a store employee to do this. Anyway, after i did not go to the ground, the guy retreated, and I continued to go about my business, picked up what I needed, and left.
    So some unknown person attacked you from behind, without provocation or warning, and used "extreme force" in the process? And never said anything during the whole process, then just backed away and disappeared? And your response was basically "Whew glad that's over" then went on shopping like nothing happened? You didn't try to run away? Get another employee? call 911? And no other employee/customer in the store ran over to see what all the shouting and yelling was about? Sounds to me like there is something missing.

    Quote Quoting mark302910
    View Post
    At this point, I noticed the same person was now waiting for me at the exit entry, and saw me at the service counter speaking to another employee. As I proceeded to leave, a similar incident again happened, and the same person who tried to subdue me was now preventing me from leaving the store. He had his hands on my cart with force so that I could not push it out the door. This store employee refused to let me proceed out the door, swore at me, used profanity, came up next to me and beside me, and was still acting very aggressive and hostile towards me. I again shouted and yelled out for this guy to stop, leave me alone, back off, to stop attacking me. He then eventually let go of my cart and I left the facility.
    Once again what did the other employees/customers do? You said you could see him from the customer service counter, so that means that they could see the incident too. No one else ran over with two people yelling and screaming at each other? And if he was gripping your cart why didn't you just let it go and run out? Call 911 then have the police help you?

    Quote Quoting mark302910
    View Post
    The store manager came out, did not say a word to me, and had the officers charge me with a trespass warning, that is valid for 1 year. I wasn't given an explanation, and there is no reason as to why this was issued, other than the offence was "trespass warning" with no further information.
    If you were given a warning then you were not charged. The warning lets you know that if you come back without permission you COULD be charged with trespassing. There doesn't need to be a reason to have someone trespassed. Anyone with authority from the store (like an employee or manager) can essentially have anyone trespassed whenever they want.

    Quote Quoting mark302910
    View Post
    The only thing I was told was that I seemed agitated, which seems to be backed up by store employees, who saw me yelling at the store employee, who caused and initiated an aggressive and excessively forceful incident. And that probably did agitate me and caused me to defend myself by telling him to stop, loudly. However, I don't believe that would justify that some sort of crime has been committed, or to have a trespass warning issued and signed off on by the police. I did not use any force, touch the guy, my hands were on the shopping cart the entire time that the incident took place.
    Its impossible to tell exactly what happened without hearing the story from the other employees. Keep in mind that pretty much very store, especially large retail membership stores, have LOTS of cameras in them. Usually a review of the camera footage is done when a serious complaint like this is lodged. Without seeing any footage they have and hearing what the other employees stated its hard to tell exactly what happened. And as I stated before no crime needs to be alleged or proven to be trespassed.

    Quote Quoting mark302910
    View Post
    Am I completely screwed? I assume the store has fine print writing that says they can lawfully terminate a membership at any time for any reason without discretion, like probably every other store has, somewhere in their legal doctrine that nobody reads.
    Possibly. As already stated it is standard to have some sort of cancellation clause in the membership contracts. That coupled with the fact they refunded you your membership fees will pretty much cover the store. You can take all of this to an attorney that specializes in these things to review your incident with what evidence you have. Expect to pay a substantial amount of money to attempt and fight it though.


    Quote Quoting mark302910
    View Post
    There's something missing from this, and I don't know what it is.
    I would 100% agree with you there.

  5. #5
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,617

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    AS a resident of WA I can make a pretty good guess which store you're referring to...

    The reason that you should've called the police immediately was that then you may have had a chance to have witnesses. You should've contacted management immediately! You could've taken a picture of the employee (assuming that you carry a smartphone).

    Alas, a private business can ban you at anytime for anything that they wish unless the reason is prohibited by law.

    Admittedly, this story strains credulity. Why would a store employee physically assault you out of the blue? Why did you simply carry on with your shopping afterwards? Why would you report the incident to a store employee rather than summon management?
    "Where do those stairs go?"
    "They go up!"

  6. #6
    Join Date
    Feb 2008
    Posts
    1,173

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    agree I suspect that the fact that you nonchalantly continued shopping AND then after a 2nd incident left without talking to a manager/calling corporate or the police didn't help your cause.

    And generally businesses can issue trespass warnings with police presence without much need for proof. I do have to wonder why it took 6 police to do so though...I suspect they may have been afraid of your reaction based on how you admit you reacted the two times " I yelled and shouted at this person to stop, leave me alone, to back off. I was loud" and "I again shouted and yelled out for this guy to stop, leave me alone, back off, to stop attacking me."

    Your time to deal with this was that day.... And I suspect there may have been security cameras that show both the entrance and the exit (btw, did you stop at the entrance and show your id card? Did you stop at the exit to show your receipt? Or did you try to blow past blow because you expected to be "known"?)

  7. #7
    Join Date
    Feb 2020
    Posts
    9

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    There is a little confusion here...Perhaps a lot, and there is obviously two sides here, and I'm giving about as much as I know because I don't know the other side..

    However, after this incident, I went and wrapped up what I was there for, and then walked over to the desk and requested to speak with a manager, before leaving. The manager was not on duty, but another person came over, and I spoke with them, relayed to this person what had just occurred. They apologized, and told me what happened should not have happened.

    Perhaps I should have ran out of the store and called police, but I also expected to be approached by security or some employee about what had just occurred. That did not happen. Nobody stepped in when incident #1 took place, nor when incident #2, when I was trying to leave took place. But certainly employees did witness at least part of this. I did notify a member of the warehouse of what happened, and would relay all this to their manager.

    The store was about to close, and I was in a hurry. This also played a factor in how I handled the situation (ie, not running out of the store, or calling police)

    It was not security, nor loss prevention. To put it as basic as I can, it was the store greeter at the entrance, a hired employee who works for the store, and not contracted security.

    I did not blow past anyone when I entered nor when I left, and I was identified because of what I was doing there (as I've done for years) because of my membership. You must present it when making a purchase or transaction.

    Nobody checked my receipt, but my receipt was stapled to a bag sitting in my front basket. Nobody asked, nobody checked, and even though the receipt was in plain view, the greeter disrupted the whole process of checking a receipt when he was standing at the exit door waiting for me.

    Several people are identified, including managers and those who witnessed, which would be store employees. I do have all this information and can and did identify the person who I had an incident with.

  8. #8
    Join Date
    Oct 2016
    Posts
    4,001

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    You should have called the police when assaulted.

    And I can not for a second imagine that any of the big box membership warehouses don't have someone from management there every minute they are open and most when they aren't.

  9. #9
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,617

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    This just makes no sense. The store in question, I presume it rhymes with Bosco, always has some manager on duty even if it wasn't the general manager. There would be video they could've reviewed as well as employee witnesses who would also have been able to intervene by calling management immediately, calling the police, etc. There's some sort of missing piece that we aren't being told. I simply cannot see Bosco's employees simply standing around and apathetically watch the whole thing. Why would they 86 you? Why on earth would the police send 6 officers?

    Nope. No sense. Occam no like.
    "Where do those stairs go?"
    "They go up!"

  10. #10
    Join Date
    Feb 2008
    Posts
    1,173

    Default Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    Quote Quoting Mark47n
    View Post
    This just makes no sense. The store in question, I presume it rhymes with Bosco, always has some manager on duty even if it wasn't the general manager. There would be video they could've reviewed as well as employee witnesses who would also have been able to intervene by calling management immediately, calling the police, etc. There's some sort of missing piece that we aren't being told. I simply cannot see Bosco's employees simply standing around and apathetically watch the whole thing. Why would they 86 you? Why on earth would the police send 6 officers?

    Nope. No sense. Occam no like.
    100% sitting on your bench....

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