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Cinema ordered to pay $10K in damages for search

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CTV Montreal: Rob Lurie on the sizeable loss

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CTV.ca News Staff

Date: Mon. May. 25 2009 7:29 PM ET

A Quebec court has ordered a cinema to pay $10,000 in damages after staff searched patrons' bags and turned up smuggled snacks and birth control pills -- and in the process violated their privacy rights.

The incident happened in 2007 when a woman took her two daughters to Cinemas Guzzo in Montreal to watch the film "Shrek the Third," said CTV Montreal's Rob Lurie.

Staff at the theatre were searching customers' bags for video equipment that could be used for movie piracy.

Security guards didn't find any video equipment in the family's bags, but did turn up a large selection of snack food, which they asked the family to take back to their vehicle, Lurie said.

"They did so willingly. But they continued the search of the bags and while searching they also uncovered some birth control pills belonging to the older daughter," Lurie said.

"Needless to say the mother was not pleased to find out in this manner that her daughter had those pills in her possession."

The woman then filed a lawsuit over the alleged privacy violation, seeking $60,000 in damages.

The judge ruled Monday that the cinema must pay $10,000 in compensation to the family over the incident..

Vince Guzzo, vice-president of Cinemas Guzzo, told CTV Montreal that the judge ruled cinema staff can still search bags, but must follow stricter rules when doing so.

"What the judge is saying is we could search bags, the problem is we have to tell people at the moment of purchasing the ticket with a sign at the ticket booth," Guzzo said.

"And we're not allowed to put our hands in your bag, which is totally understandable. I don't want to put my hands in your bag. In fact, leave the bags in the car."

With a report from CTV Montreal

Comments are now closed for this story

Pure (Passing) Laine
said
0 0

I for one would NEVER go to a cinema that searched bags.

The only thing more absurd than $25 + for some candy and popcorn is the price of the movie ticket itself!

If I want to bring a chocolate bar and some sweet tarts in, I gonna do it.

Typical Quebec, abusing authority. Where do they train thier employees? The License Bureau?




Theatre Goer
said
0 0

Way too much 'power' given to the theatres. It's their responsibility to monitor if anyone is taping in the theatre. That'll be the day when a 17 yr. old working for minimum wage (or anyone else) goes through my personal bag! As for 'smuggling' snacks into the theatre....lower your ridiculous prices and offer reasonably sized packages of candy and we won't bring our own.
A theatre that searches my bag or pockets will never get my business.


Pat
said
0 0

How about we all stay home and don't waste our money on bad movies and over priced junk food.


david
said
0 0

You know, if cinemas just offered a decent selection of bulk snack foods at reasonable prices people wouldn't feel the need to smuggle snacks in. When you blow $10 on a monster drink you can't finish and a popcorn... it gets a little frustrating.


chicomak
said
0 0

I understand the frustration, anger, and humiliation the family may have endured...but was this so bad to reward 10000$, or the justification of requesting 60000$? The judge should have ordered Guzzo to write a letter of apology and reward a couple of free movie tickets. Period.


Sherry
said
0 0

Wow ... movie theaters suck. Who wants to ever go to one. Stay at home and watch the DVD.


C in Calgary
said
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Deeply absurd that they can do a search at all.

Where is the privacy commisioner when we need him?


Roby-D
said
0 0

Maybe if they didn't want us to bring our own snacks to the theatre, they should stop charging $4.50 for a soft drink that only costs them $0.50 to make.
Also, why not simply have a staff member (usher) stand at the front of the theatre to watch for video equipment during the showing, rather than scaring people away from your business.


Tomm
said
0 0

Well, if they must search people's bags, they absolutely should have a sign at the front doors or ticket counter saying they will be doing searches. This way the daughter could have removed the pills from her bag and put them in a pocket or somewhere else, or dispose of them. People could also remove any snacks, or any other private items they dont want the cinema staff or other people to see, before entering the cinema.


Nelly AB
said
0 0

maybe they should stop charging $13.00 for a regular pop and popcorn, and I won't 'smuggle' my snacks in....


Tricia in Ontario
said
0 0

Searching for cameras fine - but anything else - hands off. I don't think any movie theatre has the right to tell you that you can't bring in snacks of your own. I agree to purchase a ticket to view a film, but I don't feel that I should be obligated to purchase their overpriced snacks as well. If I was ever searched and they found snacks in my bag and told me to go put them in my car - I'd ask for reimbursement on the ticket and I'd wait for the movie to come out on DVD.

I realize they say that they can't make a living unless they sell their snacks - if that's the case, then their business model is wrong and they should negotiate a different deal with the movie studios/distributors. Having a license to rip people off for $3.50 on 25¢ worth of popcorn is pathetic.


Smith
said
0 0

I always bring snacks to the theatre, and I always download movies.

The day my bag is searched when I go to the theatre is the last time I go to the theatre.

I hate being ripped off by the ticket prices and I hate even more when getting ripped off for overpriced concessions.

Movie theatres will soon be a thing of the past. These guys need to realize that and stop abusing your customers if you want to stay in business at all.


B. Kelley, Ontario
said
0 0

Watch out! The theater police are watching you. "Up against the wall and spread 'em buddy." Get the rubber gloves, Vince. I think this guy's trying to smuggle in some chewing gum." What's a little personal privacy invasion when over-priced, watered down soft drinks are at stake? The only thing more outrageous than the prices they charge for their junk is the number of people who are stupid enough to pay them.


Al in NB
said
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This is nothing new really. They've been doing this at American theatres for some time now. No doubt some obscure section of the digitial millenium copyright act allows them (or even requires them) to conduct these searches. They've been known to take away cell phones with cameras and what not until after the movie is over in an attempt to prevent piracy.

This all makes me glad I don't like movies anyway. Last time I saw a movie in theatres, I was in Mexico, where that sort of stuff doesn't go on anyway.


Kat
said
0 0

Nowadays cell phones come with video capability. If you have a big enough memory chip, your good. So do they confiscate cell phones now?




Chris
said
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One more reason to just stay at home and watch for free online. Movie companies complain they are lossing money then treat the people who are paying like criminals.


Dan from Northern Ont
said
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You can blame Hollywoodl. They charge the theaters so much for the movies, that they make next to 0 profit on tickets. Then I'm sure they pressure theaters to prevent piracy (much like they lobby government). I just love going to a movie and seeing a poster of a person sitting in jail for filming movies (which I doubt would happen in Canada considering our system is so lax :P)


Matt
said
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Don't consent to the search, then they can't search you.

This family consented to the search, then complained when they found something legal yet embarrassing.

This is WHY we should have a right to privacy even if we "have nothing to hide".

That being said if they were only searching for and only only consented to a search for video recording devices, the other items should not have been noted.


realist
said
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I agree - if a theatre employee ever made a big deal about me bringing in my own candy, I'd insist that they also start searching people for blackberry's and cell phones. I refuse to pay that ridiculous amount of money for the ticket, plus the absurd cost of snacks and drink, just so I can sit next to some moron who is yakking away on their cellphone or texting every two minutes....


Mr. B.
said
0 0

The theater we go to occasionally, everybody hauls in outside food & snacks. One time we saw a family of 4 bring in some KFC.
I guess it depends where you go.
The junk they sell is all crap & overpriced. Don't blame people bringing in their own stuff.


BB
said
0 0

For many years I didn't even carry a bag, just a wallet in a pocket. Then I had to start carrying an asthma inhaler, and then some pills, and then for the diabetes I had to have something sweet "just in case" all the time.

Last time I went to a theatre, and they made a fuss about my bag, I offered to take out anything they asked specifically for, like a weapon, or recording stuff. But they asked about snacks. I admitted I had a couple of candy bars and explained why I had them. They insisted I leave them in my car and if I needed one I could purchase it at their snack bar.

I told the seventeen-year-old who was acting as snack cop that he could go to hell, in those exact words, and asked for my money back so I could leave the theatre. I never did see that movie. I wrote to the producers of the movie and told them why they lost a pair of tickets on that location with a copy to the head office of the theatre chain.

I got an apology from both. The theatre chain sent me a couple of complimentary tickets which I gave to the local kids sports auction so they could make some money on them. The movie producers sent me a DVD of the movie. I kept that.


lulu
said
0 0

How long till theatre staff move on to body cavity searches?

Searching personal property - no way,no how.
With prices the way they are at theatres, I just don't go.

If we all stayed home for a few months - the owners might see the light.


James
said
0 0

no, don't leave your bag in the car. It will get stolen.

deal with it, don't allow staff at theatres to randomly rummage through your bag. they don't have the right to dump it out, simply look inside for a recording device.

how small are they now? what's the point


TimT
said
0 0

Just anther reason why not to go to a cinema.

Perhaps people should make it a point to avoid them for a while in protest. They will understand a huge drop in revenue.


R
said
0 0

For those of you complaining about the food prices, it's pretty simple... that's how theaters make their money. They make next to nothing on the ticket prices, especially on opening weekends, as the studio producing the film takes most of what you pay for a ticket. They make this up in the price of the food. So continuing your actions will only put theaters out of business and give you less options for entertainment.

Adam
said
0 0

I always found it funny how a cup of coffee at a thetre was the cheapest thing to get to drink. I watch most of my stuff at home anyway. i only go to the theatre when a really good movie hits.


richie
said
0 0

A 591 mL bottle of Dasani water is $4 at Cineplex Ancaster, ON.... Besides the movies coming out these days being complete garbage, I gave up the theaters after I went to see a film and half-way, the lights came on and police entered the theater to lecture the teens who were throwing Fuzzy Peaches for five minutes. No thanks, I don't want to go to the theater, I don't want to rent the DVD... Hollywood really HAS lost it's importance.


Shawn
said
0 0

Guzzo is terrible, just like all the other theatres, overpriced food, super long advertising, sometimes 30 mins long before you see the actual movie. Searching for cameras is understandable but nothing else. For them to stuff their hands in your bags is disgusting, who do these people think they are.

As for bringing food into the theatre, unless they reduce their prices, everyone will be bringing food from home.

As for the elder daughter and her birth control pills, they should Guzzo again and get the $60,000 they asked for, 10,000 is nothing for a company like Guzzo who rips everyone off already with their drinks and popcorn.

I for one will ban Guzzo until they STOP searching people's bags.


paul
said
0 0

I always put the snacks i smuggled in in my shirt, or under my coat. Lil buldge, but they can never ask you to strip!


meerkat
said
0 0

When ticket prices went above 10$ I gave up going to the theatre... maybe if lots of people gave up going to the theatre, they would bring their ridiculous prices down. They are only as expensive as they are because people still pay!


Ron
said
0 0

Come on, the cinemas excuse was good enough to search.

Go figure this Quebec case went as far as it did though. This is the province where the father was sued by his daughter for grounding her.

This really should be in the international section of the news anyways. The law of Quebec is not the same as Canada and the province is a nation of sorts. We (Canadians outside of Quebec) actually can't even compare to this story. It's really like news from the States.

Click!


dave
said
0 0

B Kelley from Ontario hit the nail square on the head!

"The only thing more outrageous than the prices they charge for their junk is the number of people who are stupid enough to pay them."

I couldn't have put it any better.



Bring only small snacks
said
0 0

I only bring snack that are in small packages,then I hide them in my underware! If they search me I would act as if I was violated by one of thes 17 year old perverts. I would start to cry and scream and them I would tell them I was going to file a law suit. Also when there are commericals playing, I don't watch them, so I'm actually stealing from the theatre owner even more!


Steven Leblanc
said
0 0

If you have nothing to worry about,why do you worry about a search !! you only worry if you have something to hide !!


Tony in Mississauga
said
0 0

Timt: A solution to the high ticket prices and concessions. How about studios pay their actors less money(specifically the stars that make millions), charge the theatres less for their movies and in turn the theatres can charge less for the snacks and drinks. The theatres could then profit from ticket sales and everyone wins! Less people will smuggle snacks in.

If the theatres in U.S. and Canada go on strike then the studios will have to listen eventually.


WHAT!
said
0 0

The judge erred. The law does NOT allow for this sort of search and only POLICE are allowed to conduct a search, under specific circumstances!


Joel Bain
said
0 0

Few of these commenters seem to realize that the only way any theatres are staying in business is because of concessions. Yes, the prices are ridiculous compared to what you would say outside, but due to the viewing agreements imposed on the theatres by the studios, theatres get barely ANYTHING off of the admission ticket.

If a film has been running in a theatre for over four weeks, then they might start to take a bigger cut of the admission. However, for the first three weeks, the studio gets the bulk of the revenues.

The theatres have to stay in business and honest to God, they are not making much of any profits. I am with the other people who say that the concessions are too expensive for what they are, BUT I also realize that it is their main source of income to pay their employee wages and general operating costs. I occasionally buy concessions to support the theatre, though it is not often, since I can't afford it.

Nonetheless, don't call them bandits unless you understand what type of financial situation they are operating under.


I don't know whyyyy, she swallowed a fly...
said
0 0

Hey "R": Do you think the Studios that make the movies would allow cinemas to go out of business? Where would that leave them?


realist
said
0 0

R: I am perfectly ok with that. Theatres are not enjoyable anymore anyway. I enjoy movies far more in my own home with my chair that reclines, my own choice of snack, with noone beside me talking on the phone. If theatres weren't so annoying, more people would be happy to go and pay whatever the theatre asks for snacks.


DOUGB
said
0 0

Oh my does the public need an education or what. Listen folks, movie theatres are a private busness, if you do not like the prices, eat before you come. If you dont want your back packs or purses etc searched, leave them at home. You bring in smuggled food, be prepared to have it dumped. At no time are they forcing you to pay their prices. You dont like it, dont buy their food, but they sure do have a say in what is brought in and not allowed. Grow up folks. Liek trying to bring your own liquor to the local bar because you dont like the bar prices. Haha, see how far you get with that as well.


Mario in Ottawa
said
0 0

Too bad they only got $10K.

I enjoy going to the movies for the big screen experience. However, this draw has its limits. If anyone ever insists on searching me, that'll be the last time I ever go.

I'm tired of being treated like a criminal not just by movie theatres, but by businesses in general. I'm your _customer_ for crying out loud. I will do business with the easiest company to buy from.


fokinel
said
0 0

And yet another erason to stay home and download new releases on your PC anhd watch them on your bigscreen...


Marco D, Burk's Falls
said
0 0

With the price you pay to go see a movie, especially for a family, you are better off waiting a couple of months until the movie comes on Expressvu or Rogers and pay $4.99 and and extra 4-5 dollars on pop and microwaveable popcorn. In these tough economic times that would be the best thing to do.


Joel in ON
said
0 0

Most theatres where I frequent, they allow outside food/beverages and will not care if people are carrying them indiscreetly. I wasn't there and cannot comment on how the bags were actually searched, but a $10k fine seems pretty hefty to me.

I would let a couple of teenagers search though my medicine cabinet for $10k any day of the week. In fact, I would be happy with a measly $100 for the whole ordeal!

I'm sure the family had suffered tremendously by the searching and will need months of counseling to move on - $10k worth? Gimme a break; cry me a river!


Matt
said
0 0

To WHAT!,

Actually two parties can enter into pretty much any contract not explicitly prohibited by law.

An adult can consent to a search.


Guido
said
0 0

They charge an arm and a leg for snacks because they get very little $$ from the theatre ticket. And Quebec is notorious for pirated movies. It's either they check your bags or you'll start seeing first run movies a couple months after it's released.


Hollywood crap isn't worth it!
said
0 0

No bloody way I would consent to a search just to see some hollywood piece of crap!
If Canadian theaters start doing this regularly then not only will I stop going but out of contempt for the capitalist freaks who think making a billion instead of just 300 million is worth our dignity and rights, I will download that movie FOR FREE!!!!!
Something I don't currently do, BTW.
But will feel no guilt if they see fit to steal my rights!
It's bad enough I have to pay a tax on blank cds for MY OWN FREAKING PHOTOGRAPHY!
Because they ASSUME I will be breaking copyright.
This is all way out of hand and the idiots who are making these policies should know that people will only put up with so much.
And then it will backfire.
Quite frankly all these artists who support their 'employers' doing this should know that they will lose fans.
That goes for actors and musicians.
Who said these people SHOULD be so rich, anyway?
When in history have musicians and actors been so filthy stinkin rich?
It seems to me it has only made their art less relevant and crappy.
Hollywood is crap anyway.


Bob
said
0 0

The defense against this type of intrusion is to go to a competitor movie complex. This is way over the top for a theatre.How dare viewers try and save dollars versus being ripped off at the concession stand.

We all know they make their $$$ off the food versus the movie. Maybe the movie stars are being paid tooooo much.

If they could live on only $10 million per year the prices just might come down.

Keep on suing for these searches thay'll stop them....thats a lot of popcorn sales.


Harv
said
0 0

Harv
Oh by the way "Mr Smith" if you would quit downloading movies which is illegal, maybe movie theaters would quit charging so much.I agree that the price of popcorn and drinks are way too high but pirating isn't right either.


D.W, Wood
said
0 0

If people stayed home and rented movies or watched PayPerView movies, theaters and movie makers might get teh hint and make prices (for entrance and food) more reasonable.


Leonard
said
0 0

FYI: Does anyone here realize that most (up to 90%) of the ticket price goes back to the distributor/studio and *not* to the cinema? Hence the high snack prices to try to offset that imbalance and make a little money to pay the rent/staff/investors. You can't expect a cinema to lose money and still provide you with entertainment.


Paul Ease
said
0 0

If hollywood had their way every person entering a theatre would be searched for cameras. To all the people who are disgusted by this: You have only yourself to blame for not fighting anti-camcording legislation when you had the chance.

1 more reason to copy fight.


Happy Canadian
said
0 0

"Steven Leblanc
If you have nothing to worry about,why do you worry about a search !! you only worry if you have something to hide !!"

You're willing to give up your personal privacy to anyone who wants to invade it just because you have nothing to hide? you deserve what you get!!

Many people have given up so much to provide freedom for Canadians, and your willing to just give it away!

Are you some kind of government dupe? Trying to gain more invasive actions by government and corporations over the citizenry?


SOMEBODY THAT KNOWS SOMETHING
said
0 0

you have no legal knowledge but have the right to comment on everything.
simple: if you own property in canada you can demand certain things, if not the offenders can be removed for tresspassing. Ex: no yellow shirts on my property. If you wear one, I can remove you or arrest you. there are many GOOD reasons for our laws in place. take some time to understand them THEN comment. as far as i am concerned, great ruling by the judge. all sides come out with justice except that girl has some explainning to do to her parents !!


James
said
0 0

Theatres still in business? Geez, amazing!

I stopped going when prices hit $11.00 for entry, and pop and popcorn cost $10.75. I read now its $12.50 entry.

I though I would miss my frequent movie nights, but I don't


GO CINEMAS!!!
said
0 0

The same search policy applies at all major sporting events and concerts. We know in advance that the bags will be searched and we know what we can or cannot bring in. The only theing that will change in the theatres case is that they must post a sign and then they can search just like any other event. It's their right as business owners on private property.


Andrew
said
0 0

The truth is without the snacks a lot of cinemas would go bankrupt... You don't pay off a multi-million dollar investment with 10$ movie tickets.
If you don't like the prices stay home!!!!
Whats the point in complaining anyway. If you think its so abusive try opening your own cinema with 2$ snacks and see how long you will last hahaha




pea doubleyew
said
0 0

The last movie I went to was 5 months ago. It cost me $28 for one ticket, a pop, popcorn and a small twizzlers.
I will go again, but I'm just waiting for the bank to approve the loan.


Trav
said
0 0

Did you ever think that perhaps that the movie was a pre-release? or that maybe the woman was bringing a abnormally large bag to the theater. Regardless the theater is private property and I do not believe they should be able to fine theater. The woman should just do a good reality check and suck it up


AylmerBob
said
0 0

The cinema is private property. They can set any reasonable controls on your access. If you don't like them, don't go. If you think the grub is too expensive, don't buy it. Surely you can survive an hour and a half without stuffing your face. What would be willing to pay to see the film if they sold the snacks at cost? Cinemas don't make anything on the films - they rely on the snacks profit. I can make better popcorn at home, but I don't mind paying $5 at the cinema - it's just part of the expense in the cinema experience.
The judge was just wrong.


island girl
said
0 0

So they say they are searching for video equipment, but go ahead and look for other things while they're at it? If no video equipment was found, the bags should have been returned REGARDLESS of what else was in there. I will never go to a theatre again.


Shirley
said
0 0

My job is Analysing calls and if I see that something is not working, either it being a procedure etc …, to come up with a Solution. As soon as I saw this on the news, I understand that it is important to still do searches; without this, people will get away again by videotaping the movie to then pass it on as Pirating; something has to be done to avoid this and this is a solution to help prevent this.
So, how can you keep searching bags without invading the privacy by physically putting their hands in the bag and to protect the privacy of the individual (ex: daughter got caught for having birth control pills and the mother saw this and never knew her daughter was taking that) ,,,

Solution:
1- Have open cubicals, with only side walls to hide what is being search, so this way, no one else will see what you have in your bag
2- Let the individual empty their own bags (avoiding the employee from rumbling threw the item themselves).
What do you think? Would this not be a way to avoid what happened?

Shirley



Upset Mom
said
0 0

Another thing...."Gaurds" in black, constantly moving around looking for video/filming equipment. They are a DISTRACTION to the MAX. I have stopped going, it isn't fun or exciting anymore. I wait and wait for something good to appear on Videotron....Late, but better then the "new" theater experience!


134 and counting
said
0 0

in my day, we didn't have movies.. I say, bring back 1875, it was the best of times !! ( i do like this new fangled typewriter tho'.. !!)


Jo
said
0 0

The best solution is to not purchase the unhealthy, disgusting snacks.
I myself take in healthy snacks and will not stop.
Like I, everyone should stop paying the outrageous prices and perhaps they will then lower the prices. So don't complain about the prices if you are willing to pay. Don't be a victim to their extremely over priced junk. Go to dinner or lunch before going to the movie.


wally from Montreal
said
0 0

10 g's not enough, search me it will cost you your estate... for example if i shop before i go to the movie and i take public transit, i buy some non perishable good, such as gum,a box of gift wrapped chocolates, 3 bottles of perrier water a can of peas, ect...all in a reusable bag. What are they gonna do can't search me can't ask my to put the bag in my car (its 3km away in front of my home) they don't know that and they don't need to...none of their business..lol bye the way this is in the afternoon.


Gregory D
said
0 0

re Steven Leblanc

"If you have nothing to hide why worry about it."

My friend people have a right to privacy. How far do we go! For example would you be OK with cavity searches even though you have nothing to hide? Maybe strip searches or xrays. Or would it be OK for walmart to strip search everyone leaving the store in case they stole something?

There should be limits on private enterprises ability to search customers. And in fact there are limits for police to search peoples personal bags.

amazing


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