Kentucky Student May Sue After Mall Claimed Her Dress Was Too Short For Shopping

[Chris_]

Kentucky Student May Sue After Mall Claimed Her Dress Was Too Short For Shopping

A Kentucky college student has hired legal counsel after she was escorted out of a local mall by security this weekend because her dress was deemed too short, MyFOXBoston reported Wednesday.

Kymberly Clem, a 20-year-old student at Eastern Kentucky University, wore the dress Sunday after purchasing it from the mall in Richmond the previous day, the Richmond Register reported Tuesday. After just a few minutes inside of the mall, a security guard approached her and expressed concerns over the length of the garment.

According to MyFOXBoston, the guard informed her that several female patrons had complained that she was disrupting their shopping experience because their husbands were “checking her out.”

“He made me turn all the way around while he stared me up and down,” she told the Register “The only thing he said was that other people didn’t like the way I looked, so he wanted me to leave.”

LINK W/ PICS

Short - yes.  Too short - no.

[thundley4]

I don't believe  I have ever seen a skirt that was too short. 

[DumbAss Tanker]

I've seen much more revealing clothes on much less attractive women at malls, I think the mall guys were way off base and should have tried to sell gym memberships to the fat cows that complained...a great sales opportunity lost!

[Wretched Excess]

the problem wasn't that her dress was too short, it was that her ass was too big.

[debk]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

[Wretched Excess]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

i dunno.  i think they probably exercised poor judgment, but i don't see how it's actionable.  a mall is private property, isn't it?  if it's like the malls in my area, they chase out kids wearing jeans that only cover half of their ass, or that they think is gang related, & etc.  i don't see much difference.

[Chris_]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

i dunno.  i think they probably exercised poor judgment, but i don't see how it's actionable.  a mall is private property, isn't it?  if it's like the malls in my area, they chase out kids wearing jeans that only cover half of their ass, or that they think is gang related, & etc.  i don't see much difference.

This is the part that is gonna make another lawyer a millionaire:

Kymberly Clem, a 20-year-old student at Eastern Kentucky University, wore the dress Sunday after purchasing it from the mall in Richmond the previous day,

It would be a "reasonable person's" belief that if the dress could be purchased there, it can be worn there.

[Wretched Excess]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

i dunno.  i think they probably exercised poor judgment, but i don't see how it's actionable.  a mall is private property, isn't it?  if it's like the malls in my area, they chase out kids wearing jeans that only cover half of their ass, or that they think is gang related, & etc.  i don't see much difference.

This is the part that is gonna make another lawyer a millionaire:

Kymberly Clem, a 20-year-old student at Eastern Kentucky University, wore the dress Sunday after purchasing it from the mall in Richmond the previous day,

It would be a "reasonable person's" belief that if the dress could be purchased there, it can be worn there.

it's ironic, but I don't see how it makes embarrassment actionable.

[Wretched Excess]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

i dunno.  i think they probably exercised poor judgment, but i don't see how it's actionable.  a mall is private property, isn't it?  if it's like the malls in my area, they chase out kids wearing jeans that only cover half of their ass, or that they think is gang related, & etc.  i don't see much difference.

This is the part that is gonna make another lawyer a millionaire:

Kymberly Clem, a 20-year-old student at Eastern Kentucky University, wore the dress Sunday after purchasing it from the mall in Richmond the previous day,

It would be a "reasonable person's" belief that if the dress could be purchased there, it can be worn there.

unless she was using the item of clothing incorrectly.   (even though this sounds like a line of BS to me)

Clem says she has yet to get a response from the mall regarding the incident, but 27 NEWSFIRST contacted mall managers who say the dress she was wearing was actually a shirt meant to be worn with pants.

link

[Chris_]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

i dunno.  i think they probably exercised poor judgment, but i don't see how it's actionable.  a mall is private property, isn't it?  if it's like the malls in my area, they chase out kids wearing jeans that only cover half of their ass, or that they think is gang related, & etc.  i don't see much difference.

This is the part that is gonna make another lawyer a millionaire:

Kymberly Clem, a 20-year-old student at Eastern Kentucky University, wore the dress Sunday after purchasing it from the mall in Richmond the previous day,

It would be a "reasonable person's" belief that if the dress could be purchased there, it can be worn there.

it's ironic, but I don't see how it makes embarrassment actionable.

Well, let's put it this way:  if she had purchased that dress that very day, and had chosen to wear it out of the store, would there have been the same response from the "Rent-a-Barney"?

I personally don't think so.  More to the point, her lawyer is gonna sell that point wholesale to the jury, and the jury is gonna buy it by the 20-piece bucket full.

[Miss Mia]

Clem says she has yet to get a response from the mall regarding the incident, but 27 NEWSFIRST contacted mall managers who say the dress she was wearing was actually a shirt meant to be worn with pants.

link

Yeah, I can see that it's really a shirt, a longer shirt. 

[Zeus]

All the  folks yapping "Sue, Sue. Sue" do you realize that Tort Litigation adds approximately 30 - 35% to the Cost of living. The Money for all them"Tort Lotto" payouts has to come from somewhere and apparently many of you are more than willing to contribute to the cause because you mistakenly believe the Money comes from someone else.

[DumbAss Tanker]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

[Miss Mia]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

She said she's scarred and can never wear that dress again!   

[Zeus]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

She said she's scarred and can never wear that dress again!   

Return it for a refund.   

[Chris_]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

I don't see what basis the case would be on. The Mall is a public place, but it is private property.  She was escorted off because of a conclusion on her garb's effect on other shoppers -- a proper business decision.

I cannot for the life of me see what the legal basis for the suit is.   

[Wretched Excess]

The girl was interviewed on Fox earlier today.

She's very pretty. I've seen shorter skirts on many girls this summer. Even I've had one or two on almost as short and I'm in my mid 50's!

From her pictures in the dress......I'd say those little green gremlins were running amok in the mall.

Mall security was wrong.

i dunno.  i think they probably exercised poor judgment, but i don't see how it's actionable.  a mall is private property, isn't it?  if it's like the malls in my area, they chase out kids wearing jeans that only cover half of their ass, or that they think is gang related, & etc.  i don't see much difference.

This is the part that is gonna make another lawyer a millionaire:

Kymberly Clem, a 20-year-old student at Eastern Kentucky University, wore the dress Sunday after purchasing it from the mall in Richmond the previous day,

It would be a "reasonable person's" belief that if the dress could be purchased there, it can be worn there.

it's ironic, but I don't see how it makes embarrassment actionable.

Well, let's put it this way:  if she had purchased that dress that very day, and had chosen to wear it out of the store, would there have been the same response from the "Rent-a-Barney"?

I personally don't think so.  More to the point, her lawyer is gonna sell that point wholesale to the jury, and the jury is gonna buy it by the 20-piece bucket full.

it will never see the inside of a court room.  at most, she gets a public apology for the mall-cops for perhaps exercising poor judgment (but acting well within their authority).

[Wretched Excess]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

I don't see what basis the case would be on. The Mall is a public place, but it is private property.  She was escorted off because of a conclusion on her garb's effect on other shoppers -- a proper business decision.

I cannot for the life of me see what the legal basis for the suit is.   

OMG!  we agree!  something must be wrong with one of us.

[EastFacingNorth]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

I don't see what basis the case would be on. The Mall is a public place, but it is private property.  She was escorted off because of a conclusion on her garb's effect on other shoppers -- a proper business decision.

I cannot for the life of me see what the legal basis for the suit is.   

OMG!  we agree!  something must be wrong with one of us.

I concur - regarding the OP, not something being wrong.

Seems to me to be a stupid decision on the part of the security guard - the women complaining should just lose some damn weight and maybe their husbands will look at them more, and college co-eds less

But businesses should have every right to make stupid business decisions, so long as they do not interfere with the rights of others.  And nobody has a right to shop at a mall.

[rich_t]

It didn't look too short to me.

[Chris_]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

I don't see what basis the case would be on. The Mall is a public place, but it is private property.  She was escorted off because of a conclusion on her garb's effect on other shoppers -- a proper business decision.

I cannot for the life of me see what the legal basis for the suit is.   

OMG!  we agree!  something must be wrong with one of us. :-)

Yes -- it is you ;)

[Chris_]

It didn't look too short to me.

Naked doesn't look too short to you! ;)

[Wretched Excess]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

I don't see what basis the case would be on. The Mall is a public place, but it is private property.  She was escorted off because of a conclusion on her garb's effect on other shoppers -- a proper business decision.

I cannot for the life of me see what the legal basis for the suit is.   

OMG!  we agree!  something must be wrong with one of us.

Yes -- it is you

yes, we only agree on an issue when I am wrong about it to begin with.

[rich_t]

It didn't look too short to me.

Naked doesn't look too short to you!

Not at all.

 

[DumbAss Tanker]

My POV is the mall was wrong, but it's stupid to sue.  What damages?  Deprived of one day of shopping experience at one mall?  Some moderate and passing humiliation or anger?  What the Hell is all that really worth, $50?

I don't see what basis the case would be on. The Mall is a public place, but it is private property.  She was escorted off because of a conclusion on her garb's effect on other shoppers -- a proper business decision.

I cannot for the life of me see what the legal basis for the suit is.   

OMG!  we agree!  something must be wrong with one of us.

I concur - regarding the OP, not something being wrong.

Seems to me to be a stupid decision on the part of the security guard - the women complaining should just lose some damn weight and maybe their husbands will look at them more, and college co-eds less

But businesses should have every right to make stupid business decisions, so long as they do not interfere with the rights of others.  And nobody has a right to shop at a mall.

OK, legal geniuses, I can see at least two different torts she could try, one concerning infliction of emotional harm (but a long shot in Kentucky, it's on the trailing edge of that kind of tort law) and the other based on discrimination (how many guys have they ever thrown out for too-short shorts?).  The "Business decision" stuff sounds nice until someone brings up the question about White patrons objecting to Black ones or something along those lines, having a commercial, public business place as opposed to non-business private property are two entirely different breeds of cat.  You're arguing what you think the rules "otstabe" rather than what they really are.  The real problem she has that makes a lawsuit a stupid option is that she just doesn't have any demonstrable damages.