From: mmincy
Full-Name: Michael L Mincy
To: Sen. Biden, Sen. Feingold, Sen. Feinstein, Sen. Hatch (Chairman),
	Sen. Kennedy, Sen. Kohl, Sen. Kyl, Sen. Leahy,
	Sen. Specter (formerly in "House"), Sen. Thompson
Cc: mmincy@juno.com
Fcc: Sent
Date: Fri, 24 Oct 1997 08:45:33 
Subject: Harassment by North Hills Mall Shopping Center
Message-ID: <19971024.084445.7735.1.mmincy@juno.com>
X-Status: Sent
X-Mailer: Juno 1.38

                                        October 24, 1997Dear Senator:I. On the night of Monday, October 6, 1997, I was at a local shopping mall, called North Hills Mall, in North Richland Hills, Texas. As I sat talking to a lady friend of mine, at about 8:20pm, most of the "security" personnel in that mall, huddled together, very close to where I was sitting, not more than about twenty (20) feet away. They were standing between myself and the "cart" where my friend was working, and the "Halmark Card" shop at the mall. The security person I remember most, is a very attractive female, with short cutblond hair, and at least one male friend of her's, who is very tall, thin, and with ear rings in both his ears, and  appearantly is what is commonly refered today as a "cross-dresser". These security people continued to watch every move I made for some time, from about 8:20pm to about 8:30pmthat night. I was waiting untill my friend was "off" of workat the mall, at 9:00pm, to take her home, as we had arrangedfor me to take her home that night. We left the mall about 9:05 pm, again this being on October 6, 1997.I returned to North Hills Mall this past Wednesday, October22, 1997, after a two week, two day abscence, to visit myfriend, Ms. Sherry Lynn Nipper. The name of the "shop" whereshe works is called "Beauty & Hair Concepts", owned and operated by Ms. Kitty Barton.I arrived at the mall first at about 6:45pm, Wednesday, October 22, 1997. I bought a soft drink at the "FrullatiCafe", then I walked around the mall, as is my "usual"custom. and finally to the "work cart" where Sherry Nipperworks. After a short, friendly talk, I left at exactly 7:00pm, and arrived at the North Richland Hills Public Library. I left there at exactly 8:00pm, and I returned to North Hills Mall about 8:15pm. I immediately walked to where Sherry was standing, and after I got there, between 8:15pm and 8:20pm, she immediately began telling me about how the "security" people at the mall had "informed" her employer, Kitty Barton, that she was "talking" to me the night of October 6, 1997. Sherry told me that this group of about 5 to 10 security persons, had told Ms. Barton, her employer, that I had spent time with her there (the night of October 6, 1997), and that her employer had told her in turn, that she was NOT to ever do that again. Sherry also told me that it was three days later that she (Sherry) was informed about it, the delay in "informing" Ms. Barton by the mall security, being due to Ms. Barton being "out of touch" withthe mall, according to Ms. Barton, that is. This is only the "latest" and most "recent" of many such actions in the past by North Hills Mall. They began a series of "harassing" incidences, including "detention" and several"false" accusations, on the part of some of the employees of the stores at the mall, beginning in March, 1994. They have continued their "surveilance" of me, constantly since at least March 1994, and they have now "escalated" their activities appearantly, to include "anyone" who comes into contact with me, certainly since October 6, 1997.   Second, I was informed by a lawyer in March 1994 (now the sitting Municipal Judge of Haltom City, Texas, where I live), that I could charge North Hills Mall and certain persons, with 1) Illegal Detention; and 2) Criminal Slander.I believe their actions over the last two weeks , now entitle me to certain "causes of action" in these areas:     1. "Right of Privacy"     2. "Equal Protection of the Laws"     3. "Pursuit of Happiness Doctrine"     4. And possibly "Slander" and "Libel"II. In particular, and from the statement of facts as I havemade above, I believe that violations of "law" as outlined below, did in fact occur:     1. That North Hills Mall did in fact "conspire to      deprive" Ms. Sherry Lynn Nipper, and Michael Lynn      Mincy, of their rights and privilages of the law, as      guaranteed by the US Constitution, generally, and      specifically the 14th Amendment rights:          a. "The Right of Privacy"          b. "Equal Protection of the Laws"          of the US 14th Amendment.          c. "Pursuit of Happiness"     2. That North Hills Mall did conspire to and did in      fact violate the following US Statutory Laws:          a. US Code 42 - Chapter 21 - Section 1981 -           Subsection (a); "Statement of equal rights"          b. US Code 42 - Chapter 21 - Section 1981 -          Subsection (c); "Protection against impairment [of           rights]"III. The only "solutions" or "actions" to these alleged violations seem to be:          a. US Code 42 - Chapter 21 - Section 1983; "Civil           action for deprivation of rights"          b. US Code 42 - Chapter 21 - Section 1981(a);           "Damages in cases of intentional discrimination in           employment"          c. US Code 42 - Chapter 21 - Section 1985;           "Conspiracy to interfere with civil rights" -          Subsection (3); "Depriving persons of rights and           privilages" IV. Legal Sources Cited above:     1.a. "The Right of Privacy"     "[The] term 'right of privacy' is a generic term      encompassing various rights recognized to be inherent      in the concept of 'ordered liberty', and such rights      [that] prevent governmental interference in intimate      personal relationships or activities, freedoms of [an]      invidual to make fundamental choices involving himself      [or herself], his [or her] family, and his [or her]      relationship with others." (Industrial Foundations of      the South v. Texas Indus. Acc. Bd., Tex., 540 S.W. 2d     688,679).     1.b. "Equal Protection of the Laws"     "No state shall make or enforce any law which shall      abridge the privilages or immunities of citizenship of      the United States; nor shall any state deprive any      person of life, liberty, or property, without due      process of law; nor deny to any person within it's       jurisdiction the equal protection of the laws". (US      Constitution, Amendment XIV - Section 1.)       "This clause requires that a person under like      circumstances be given equal protection in the      enjoyment of personal rights and the prevention [of]      and redress of wrongs."(251 C.A. 2d 222, 59 Cal. Rptr.      323, 334). Also, "...that no person or class of persons      shall be denied the same protection of the      laws...enjoyed by other persons or other classes in      like circumstances in their lives, liberty, property,      and in their pursuit of happiness." (People v. Jacobs,     27 Cal. App. 3d 246, 103 Cal. Rptr. 536, 543).     1.c. "Pursuit of Happiness"     "Pursuit of Happiness" as embodied in the US      Constitution; "...pursuit of happiness is a      constitutional right that ...includes personal freedom,      freedom of contract, exemptions from oppression or      invidious discrimination, the right to follow one's      individual preference in the choice of an occupation      and the appplication of his [or her] energies, liberty,      of conscience, and the right to enjoy the privilages of      the family and the home." (Butchers' Union, etc. Co. v.     Crescent City Live Stock, etc., Co., 111 US 746,      4 S.Ct. 652, 28 L. Ed. 585).      2.a. US Code 42 - Chapter 21 - Section 1981 -     Subsection (a);"Statement of Equal rights"     "All persons within the jurisdiction of the United      States shall have the same rights in every State or      Territory to make and enforce contracts, to sue, be      parties, give evidence, and to the full and equal      benefit of all laws and proceedings for the security of      persons and property...."          2.b. US Code 42 - Chapter 21 - Section 1981 -     Subsection (c); "Protection against impairment"     "The rights protected by this section [1981] are      protected against impairment by nongovernmental      discrimination and impairment under color of state      law."     III.1. US Code 42 - Chapter 21 - Section 1983     "Civil Action for deprivation of rights"     "Every person who...subjects, or causes to be      subjected, any citizen of the United States...to the      deprivation of any rights, privilages, or immunities      secured by the Constutution and laws, shall be liable      to the party injured in an action at law, suit in      equity, or other proper proceeding for redress."    III.2. US Code 42 - Chapter 21 - Section 1981(a)     "Damages in cases of intentional discrimination     in employment."      (a) "Right of recovery"     (b) "Compensary and punitive damages"     (c) "Jury trial"     (d) "Definitions"     III.3. US Code 42 - Chapter 21 - Section 1985     "Conspiracy to interfere with civil rights"            US Code 42 - Chapter 21 - Section 1985 -     Subsection (3); "Depriving persons of rights and      privilages"; "If two or more persons in any State or      Territory conspire ...for the purpose of depriving,      either indirectly or directly, any person or class of      persons of the equal protection of the law, or of equal      prvilages and immunities under the laws...[and] in any      case of conspiracy set forth in this section, if one or      more persons engage therein do, or cause to be done,      any act in furtherance of the object of such      conspiracy, whereby another is...deprived of having and      exercising any right or privlilage of a citizen of the      United States, the party so injured or deprived may      have an action for the recovery of damages occassioned      by such injury or deprivation against any one or more      of the conspirators."       If you can be of any assistance in helping me to stop thesecontinuing problems with local authorities, I will be extremely greatful. You can contact me here in Fort Worth,Texas at:      Michael Lynn Mincy     5425 Mallory Drive     Fort Worth, Texas                  76117My phone number is : (817) 834-6744My email address is:  mmincy@juno.comYou can contact Ms. Sherry Lynn Nipper at her work phonenumber at: (817) 590-2333Or, by me here at my above address.You can contact Ms. Kitty Barton at:     Ms. Kitty Barton     c/o Beauty & Hair Concepts     North Hills Mall     7624 Grapevine Hwy.     North Richland Hills, TX 76180     (817) 590-2333You can contact the North Hills Mall Offices and Managers at:     North Hills Mall     7624 Grapevine Hwy.     North Richland Hills, TX 76180          phone: Office: (817) 589-2236     Regional Manager -  Ms. Schlacter     Personnel Manager - Ms. Lauri Dunlop     Property Manager -  Ms. Debra Lowe     Operations Manager- Mr. Thomas Appel     Assistant Marketing          Manager -      Ms. Dena NewelThank you very much for all you can do for me.Most Sincerly,Michael Lynn Mincy5425 Mallory DriveFort Worth, Texas 76117phone: (817) 834-6744email: mmincy@juno.com