By Calvin Palmer
A Texas woman intends to prove that security officers at a San Antonio shopping mall unfairly targeted her and her girlfriend when they were arrested in December on trespassing and other charges.
Jessica Garcia, 22, said a Bexar County sheriff’s deputy and an employee from a private security company began harassing her and her 22-year-old girlfriend because her girlfriend gave her a kiss on the cheek while they were sitting on a bench inside the Rolling Oaks Mall in northeast San Antonio.
Mall officials said the women were acting inappropriately and were told to leave because they were not complying with the shopping center’s code of conduct.
Danielle Pardue, the mall’s marketing director, denies the women’s claims of discrimination and said security officers would evict anyone found kissing in the mall, regardless of sexual orientation.
“If our security officer feels that is disruptive to our shoppers and our business, then they have that authority to make that determination,” she said. “It’s their responsibility to make sure our shopping place is an enjoyable shopping place for everyone to be.”
She said the women were not arrested because they were kissing but because they had re-entered the mall after being told to leave.
Garcia had been due to appear in court today but her lawyer had to postpone until later this month.
She said the officers intentionally harassed the couple, accusing them of kissing and having “swapped spit.”
She said that after her girlfriend gave her a kiss on the cheek, the officers approached them and warned them to stop.
“He said: “This is a family mall, y’all can’t do this,'” she said. “We said, “Do what?” He said, “Y’all kissed, and if y’all do it again I’m going to write you a citation or I’m going to kick y’all out.””
Pardue initially said it was the kissing that gained the officers’ attention, but she later clarified that the officers approached the women to tell them to sit properly on the bench.
She said one of the women was sitting on the other’s lap — a claim Garcia disputes. Garcia said her girlfriend had the lower portion of her leg around hers, from the knee down. She said neither was sitting on top of the other.
“The officers passed people who were kissing and they didn’t tell them anything, but they came to us,” Garcia said. “We didn’t even kiss. All she did is she kissed me on my cheek. There’s no other way to explain it. They discriminated against us.”
Pardue said the women complied briefly with the officer’s request, but once the officers began walking away, they continued to engage in an “activity that was not appropriate for the public.”
She said that at that point, the officers told the women to leave.
Garcia said she and her girlfriend walked out of the mall, but re-entered through another entrance in order to take a shortcut to their car, which was parked on the other side.
Pardue said that when security found the women back inside the mall, they were confronted about trespassing, and that’s when the women became disruptive and physical with the officers.
Garcia said she attempted to tell the officers she was merely trying to get to her car, but the officers kept harassing her and her girlfriend and the situation deteriorated.
In the end, she was charged with trespassing, resisting arrest and assault on a peace officer, while her girlfriend was charged with trespassing.
Pardue said the mall’s code of conduct is posted at all its entrances, stating disruptive or disorderly conduct isn’t tolerated. IHowever, it tsays nothing about kissing.
“Our mall is a commercial venue that provides a shopping experience with respect to all races, religions and orientations,” Pardue said. “We would have enforced the same policies had it been a heterosexual couple.”
Civil rights advocates expressed dismay over the mall’s policy against public displays of affection.
“What if they’re holding hands, is that going to be enough?” asked Patrick Filyk, president of the San Antonio chapter of the American Civil Liberties Union. “Seems like a real slippery slope for management.”
[Based on a report by the San Antonio Express-News.]