Can a movie theatre legally keep you from bringing food in?

My wife and I went to the movies today and they searched her bag for candy and popcorn! That seems wrong to me. We did have water bottles in there and they seemed OK with that. But that got me wondering, if you brought food into a theater and they told you not to bring it it, could you do it anyway? Those of you that have legal experience, because it's on their private property, can they actually make you leave food out, or deny you entrance? Even after you have purchased a ticket?

 

They cannot force you to consent to being searched, but since it is private property, they can deny you entrance to their facility if you refuse to be searched. They can deny you entrance as long as it is not based on race, religion, color or creed.

 

Sooo, they could keep me out if they don't like my outfit?

 

Yes, they can prohibit outside food. A movie ticket is in effect a license granting you the right to enter the theater between the showing times, but the scope of your admission is governed by the terms of the transaction (i.e., the contract) you agreed to when you bought the ticket. They do not have the right to search you absent your consent, but they can refuse admission if you do not, essentially revoking your license, as they would by kicking you out if you were being too loud or disruptive or smoking or any number of other things.

 

Seems to me that the movie theatre was within their rights to search since you were carrying water bottles.

How come you would dare to bring in food to the theatre? What's wrong with you? Why would you bring water bottles to the theatre when you can purchase them there? Do you think it's right to take advantage of trying to be a cheapskate and not pay fairly?

Would you bring in a drink if you entered a restaurant? I think it's so rude when people sneak in food to the theatre. If you can't pay, stay home. Those that do sneak in food and don't play by the rules are just plain cheapskates.

 

I heard a story on NPR a few months ago where they claimed that movie theaters make the vast majority of their profits from their concession stands. Sometimes I'll buy popcorn and/or a drink at the theater, but I'm not above bringing in outside food.

As to Potpourri's claim that the theater was "within their rights" to search your wife's bag, he or she is correct in that they can ASK to search said bag, but your wife could have certainly refused and left the theater.

Some interesting responses to this very question from practicing attorneys may be found here: http://www.avvo.com/legal-answers/does-a-movie-theater-have-the-legal-right-to-searc-858676.html

 

They cannot force you to submit to a search, although they can ban you from the store if you refuse to allow your bags or your person to be searched, but you also do not have to legally tell them your name, so how can they ban you, except by recognition? Conversely, if a person is suspected of having stolen items on them, then the rules can vary from state-to-state, but as an example, some states will allow a merchant to forcibly detain a suspect until the police arrive, while other states have citizens arrest authority, depending on the circumstances.

 

Kizmet: "Sooo, they could keep me out if they don't like my outfit?"

John: A friend and I approached a casino attached to our hotel. He was waved in, and I was turned away. Comparably dressed, but for shoes. His had laces; mine were loafers. The bouncer explained that loafers were too casual. Of the several notions that arose, my favorite was my friend and I would exchange one shoe, and we each hop in on the 'legal' shoe.

 

So I guess that my flip-flops would be out of the question. They are the special "Sponge Bob" model too.:sigh:

 

This is an unduly splenetic response.

 

Thanks for that link. It's good to hear from attorneys on the subject, and the answer was exactly what I expected. Because it's private property, they can set conditions that bar your entry. You do not have to submit to a search, but they have the right to deny entrance if you do. The best way to fight it is to vote with your feet, and patronize another theater.

 

Thank you for the kind words, MC.

I remember reading about the time Groucho Marx appeared at the luxurious Trader Vic's restaurant without a tie. They offered him one from their collection kept for such a purpose. He accepted it, and dutifully tied it around his forehead. The maitre d' apparently scratched his head, decided that this did not violate their dress code, and admitted him.

 

Also, could the cinema keep one from entering the movie if one's degree is unaccredited? :haha:

 

I was only being honest and upfront in my response.

It's interesting that people don't have a problem with the idea of sneaking in food or beverages into a theatre. But, if you asked them if they would do the same thing if they were to go to a restaurant they would say no.

My point of the response was to say if you can't play by the rules then you should stay home. The theatre is a business that is there to make money and it shouldn't be a place to try to be beat the system by sneaking in food instead of purchasing it from them.

 

Maybe some theaters will do a degree evaluation before they let you in. :smile:

 

My previous comment stands.