It's important to read these things carefully, and I think it says that whoever uses the mail or interstate (highways) for the purpose of damaging or interfering with the operations of an animal enterprise may be in big trouble. This next part is important: "In connection with this purpose, (A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise; (B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or (C) conspires or attempts to do so; shall be punished as provided for in subsection. So they would have to damage something, or intimidate someone in fear of death or serious bodily harm." The pom pom girls didn't do this.
This means they could not vandalize the place they could not steal records, or animals, or make anyone feel threatened, and this would mean throwing things on them. Do you honestly think the customers felt "threatened?" Most judges require that the test be would a "reasonable and prudent" person feel threatened if this were to happen?
If the business had been on a city street, what there were doing would actually be fine; the only thing they did wrong was not leave when the mall owners requested them to leave. However, even on a city street, if they had been caught doing ANY the other things, it would have been breaking the law. You can't just take the word harassment, and define it how you like; the law is fairly cleared on what is allowed and what is forbidden.
Last edited by Nancy1999; 02-22-2009 at 02:11 PM.
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