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Proposed bill enables security guards to use reasonable force

April 2, 2002

Watch out unruly shoppers, disruptive concertgoers. Security guards may soon have legislative permission to use “reasonable force” when removing those who engage in disorderly conduct from the premises of a shopping mall or concert hall.

A bill introduced by state Sen. Bill Bullard Jr., R-Highland, would empower security guards to physically remove people from an entertainment venue or shopping center without waiting for them to break the law or for police to arrive, and without the fear of legal reparations.

“This (bill) basically says if they’re disturbing or posing a threat to security, a guard can remove them from the property,” said Audrey Robinson, Bullard’s legislative aide. “They can’t do that right now. Usually security guards will just give them warnings.”

Bullard introduced the bill in response to an event at Pine Knob, now DTE Energy Music Theatre, when one patron struck another in the head with a large chunk of sod. The injured person later sued Pine Knob. Though the case was dismissed, the assumption the venue was responsible for the actions of the rowdy patron motivated Bullard.

“Some of the lawyers from The Palace (of Auburn Hills) had looked into the general disobedience of patrons and their inability to enforce the rules,” Robinson said. “We felt that the injury was not the responsibility of the venue.”

Large venues such as Breslin Center employ police, as well as student workers called Greencoats, who direct the crowd flow and maintain admissions.

“Any situation that arises that might necessitate someone being removed from the building is handled by an MSU police officer,” said Gavin Smith, director of operations and assistant director of Breslin Center.

When an audience member gets out of hand, student employees are instructed to enlist the help of an MSU police officer.

“If someone had to be physically removed it would be our officers that would do it,” MSU police Sgt. Florene McGlothian-Taylor said. “Unlike at a Wal-Mart where you might have a security guard, officers actually take the reports.”

In the Senate, the bill passed with a split vote of 23 Republicans to 13 Democrats. Sen. Gary Peters, D-Bloomfield Township, introduced an amendment to tie-bar the bill to two security guard training bills that also are in the Senate, but the measure failed.

Sen. Dianne Byrum, D-Onondaga, voted against the bill because she felt the tie-bar was necessary.

“My feeling is that if we’re going to extend immunity we’re absolutely going to have to require training,” she said. “Otherwise, we can have an abuse of power. Security guards need to have some level of training if we’re going to extend the same liability exposure we grant our police officers.”

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