How does that figure in here...bag searches are post contract. The only leg the merchant has to stand on is shopper keepers privledge, which is very limited and does not include the searching of persons or possesions. My shopping in a store does not bind me to their policies or procedures.
A while back I filed on what was then my local school district. One of their defenses was that I had to go through their complaint process first since I had a child in the district. I pointed out that the complaint was from me, not the child, and local policy did not over rule the UFAS or ADA. They were most unhappy when they lost.
This case, like many, go against what is taught by the few pros in loss prevention. CC is going to lose big and their people involved will be fired, not defended. The vic’s refusual to show his license to the cop is a side show, and will not figure in the final result.
No, they are not. The merchant has the right to set terms and conditions of the sale. You are free to accept or reject them or negotiate different terms. A bag search may well be within the four corners of the contract. Payment is only one element of the contract, you must meet all. Failure to do so means the contract is voidable.