California | Discrimination | Kiss | News

Gay Couple Kicked Out of California Mall for Kissing: VIDEO


Daniel Chesmore, 21, and Jose Juzman, 24, were asked to leave the Westfield Galleria in Roseville, California Saturday for kissing, FOX40 reports:

WestfieldSitting on the couch at 21-year-old Chesmore’s parents’ home in Roseville, he and his boyfriend Jose Guzman, 24, share a few kisses while holding hands. “This is exactly what we did at the mall on Saturday,” Guzman said.

When a security guard confronted the couple about it at the Westfield Galleria in Roseville, they began recording. “If you continue to kiss, you will be asked to leave the mall. Period,” the voice on the recording said. “I counted you guys kissing 25 times. I told you before, we contact any couple [...] about this.”

In an undercover investigation, FOX40 spotted dozens of straight couples sitting inside of the Galleria, holding hands and smooching, right out in the open. And as the hours passed, not one couple FOX40 witnessed was asked to leave the mall.


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  1. The manager of the mall who enabled the policy that targets same sex couples is a real gem on facebook.

    His facebook page has Joe Arpaio as a hero. All sorts of anti Obama commentary. All sorts of religious commentary. Coupled with pledging his devotion to Mitt Romney, Paul Ryan and has the words 'Proud of being Conservative' plastered on his page as well.

    That's the manager who employed a policy that allows security gaurds to badger gay patrons.

    Posted by: LazerLight | Mar 5, 2013 9:45:13 AM

  2. well, clearly the conservative clowns behind this mall want to really stick it to the gays, but there;s plenty of laws in California that prevent discrimination like this, and seeing how it's perfectly illustrated in this report that this mall does NOT infact enact it's policies toward another group - heterosexual couples- I think there's definitely grounds for a legal letter to be sent here.

    Posted by: Christopher | Mar 5, 2013 9:47:27 AM

  3. There are two sides to every story. While it may be true that the straight couples were not cited for kissing, these guys were kisssing a LOT. IMO, 25 times is just begging for a reaction. The alleged "victims" may well have had a chip on their shoulder and the guard took the bait.

    Posted by: Joseph | Mar 5, 2013 9:48:47 AM

  4. Yet another example of discrimination in public accomodations. The only way to deal with this is by hitting them in the wallet, sue their pants off. In California public accomodations must treat gay people the same as straight people, unless the mall can prove it is just as aggressive at expelling straight people for PDA as they are at kicking out gay people they are in violation. Of course, there are at least 16 million gay people in America, if a quarter of us just up and moved to a state like Oregon we would be the majority in the state, then the shoe would be on the other foot. Imagine how much fun it would be to ban straight marriage. Or, to give huge tax breaks to gay couples but deny them to hets. Or, ban the mention of heterosexuality in schools. Sometimes the only way to wake people up is to demonstrate how absurd their positions are.

    Posted by: Markus | Mar 5, 2013 9:50:41 AM

  5. A couple of points:

    1.) I'm just SO happy this couple is going public and speaking out about this incident. For far too long, we as a gay community were told to accept homophobia as a fact of life. It's only when we stepped back and said, no it's not right for me to be mistreated for being gay, that we encouraged society to go inward and do the same evaluation. It's couples like this who truly ARE making it better for the next generation of LGBT.

    2.) If the mall is going to adopt such a clear bias with no accountability, either protest outside the mall and gather more media attention or use social media to let them hear your voices. We did something similar in a similar story with a local gym, and they changed their policy in no time, and even apologized. If you let homophobes be hoomphobic, we'll all have to deal with the crumbs of homophobia.

    Posted by: Marcus | Mar 5, 2013 9:50:55 AM

  6. Does anyone have the number or emailing for the westfield galleria headquarters? I would think reporting this incident via email or a phone call to the headquarters would be more effective than calling the same rosevill branch that clearly is proud of it's slanted policy.

    Posted by: IonMovies | Mar 5, 2013 9:52:02 AM

  7. @ Joseph/Ratbastard
    Try again. Epic fail. You love siding with the homophobes in every story. And in THIS story, that little argument of yours got debunked. Try a new theory troll. What next? the couple made unwanted advances toward the security gaurd? you knowww you want to go there.

    Posted by: Cortez | Mar 5, 2013 9:53:58 AM

  8. Joseph,
    Actually, the couple clearly stated they kissed each other on the cheek. And not 25 times. 25 times according to the security personal who was stalking them. You didn't watch the segment which clearly and beautifully captured the anti gay bias here. You and your ilk are just too quick to jump on here and manifest the story into absolving the anti gay individual(s) of their wrong doing, and automatically blaming gays. As if homophobia just doesn't exist in our society.

    Posted by: Gio | Mar 5, 2013 9:55:50 AM

  9. Guys, the poster defending the mall is ratbastard. He'll post under his many user names and muster up some excuse for the mall, or any bigoted individual that displays anti-gay actions. Ratbastard and his posting style/agenda should be sniffed out then overlooked. We know his agenda by now.

    Posted by: Jose | Mar 5, 2013 9:57:29 AM

  10. This does happen far too often, and I also wish there were more of a prominent gay voice or committee to address homophobia displayed by businesses. We see gay couples mistreated often, and regardless of what those who want to spin the facts portray, the gay couples are often doing nothing harmless or inapporpriate other than being an easily pegged gay couple. GLAAD is for media, and ACT UP seems to be geared toward legislation, but I agree that there needs to be a branch of gay rights toward combating societal homophobia.

    Posted by: D. Roberts | Mar 5, 2013 9:59:46 AM

  11. Make no mistake, folks - PDA is indeed a part of the Movement.

    Simple little gestures of affection. For anyone else, it'd be an expression of feeling. For us, it's still an act of sociopolitical subversion. WOW.

    Get kissing, folks.

    Posted by: Little Kiwi | Mar 5, 2013 10:00:28 AM

  12. well, contacting the manager obviously won't do any good. He's an extreme right wing, militant, religious conservative. I agree- does anyone know the contact info for headquarter?

    Posted by: Jordan | Mar 5, 2013 10:00:55 AM

  13. What an asbolutely adorable and sweet couple. I hate having to hear about so many stories of gay couples being singled out like this, it's not okay. And I wish there was more we could do :/

    Posted by: ANTHONY CHICAGO | Mar 5, 2013 10:02:14 AM

  14. and ignore the trolls - there's no possible "other side" to this story; kudos to this reporter for doing a bang-up job.

    yes, some folks will pathetically blame the couple. why? well, look who it'll be criticizing: those who've never been, and never will be, kissed.


    Posted by: Little Kiwi | Mar 5, 2013 10:04:57 AM

  15. A kiss-in and handholding-athon should be staged at westfield malls across the country soon!

    Posted by: sean | Mar 5, 2013 10:05:59 AM

  16. I agree, I wrote an email to the local mall, which will be followed by an email to Corporate. I also think it is a great idea to contact the LGBT friendly stores withing the mall.

    Posted by: Curt | Mar 5, 2013 10:16:15 AM

  17. This is fascinating because just last week a straight friend and I went to a local outdoor shopping area in our city where we both thought it be an interesting experiment to observe all the public displays of affection by heterosexuals.

    Do you all realize how often straight people around you kiss, grab, grope, grind, and make out with each other? It's a fascinating, fascinating experiement I reccommend all of you try.

    If gay people did a fraction of the things straight couples do in public, we'd all be kicked out of every establishment. And you can take that to the bank.

    Posted by: Just A Fan | Mar 5, 2013 10:17:40 AM

  18. The mall manager has a First Amendment right to think, believe, and speak as he wishes as a private citizen, and that includes his personal Facebook page. So, don't go after him personally.

    But, when he is representing his employer, the Westfield Corporation, he must represent their policies. As the news reporter noted, there is no policy, nothing in their Code of Conduct, prohibiting kissing or other public displays of affection. If there was, it should be applied equally, but since there's not, it should not be applied at all, not only against same-sex couples.

    Posted by: jpeckjr | Mar 5, 2013 10:18:34 AM

  19. The security guys claims he saw them kiss a couple dozen times. If the behavior is supposedly offensive, why didn't he stop it earlier? Or did he have to make a quick trip to some private space to relieve his sex tension that was aroused by the sight of a cute couple before moving in?

    Posted by: gregorybrown | Mar 5, 2013 10:27:00 AM

  20. As I understand the case law on this, a mall is a private property that is used as a public way but is not a public way. As such, they can have things such as a dress code (no baseball caps, no sagging, etc...) but they have to enforce it equally and the policy cannot be discriminatory by design. So even though it's pretty obvious that "no sagging" is aimed at black guys, because white guys do it too it's OK to forbid it.

    So the mall has to have a no-PDA policy which of course they can't and won't because straight people would never put up with being harassed for acting straight in public.

    Righteous bust, Westfield is wrong. I will go out on a limb here and bet that Westfield will blame their security contractor and fire the guard rather than accept responsibility for their causing or allowing this to happen.

    Posted by: David Hearne | Mar 5, 2013 10:35:07 AM

  21. There are severe laws against this type of bias in California. Like actual written laws that you can't target gay folks in places of public accomodation. This story actually has concrete evidence, with footage, that this mall does indeed operate with two different sets of rules when dealing with gay clients and straight clients.
    I hope this couple doesn't sweep this under the rug. Not just for their own sake, but for the sake of other perfectly happy same sex couples who don't deserve getting a tongue lashing for living out their day.

    Posted by: Stash | Mar 5, 2013 10:35:15 AM

  22. Ever been to a mall and observed people around you? It's NOTHING but straight couples, especially straight little brats kissing and macking each other. Ever been to a food court at the mall? some straight people truly make it seem like it's their honeymoon dinner with all the fondling and kissing. Go to your area mall and observe it. We just don't take notice of it as a society because we're soooo used to straight couples doing it.

    Posted by: Michelle Lez | Mar 5, 2013 10:37:05 AM

  23. Dear Apologists (you know who you are),

    Please know that whether this couple kissed with a quick peck on the cheek or were playing tonsil hockey with one another, it makes no difference. They were singled out because they are gay. Straight couples behave like this all of the time. People might think "get a room," but 99.9 times out of 100 they're left alone. Mall cops are not on the lookout for straight PDA. This report proves that.

    Posted by: Gigi | Mar 5, 2013 10:38:03 AM

  24. I truly love that the news outlet clearly showed the bias and how partial management is at this mall when it comes to their treatment of same sex couples in comparison to straight couples. This is one of the most poignant, incredible journalism segments I've seen. And yet, extremely sad at the same time. Hold the mall accountable.

    Posted by: NOARNIC | Mar 5, 2013 10:38:49 AM

  25. I never go to malls. Especially this one.

    Posted by: Tim | Mar 5, 2013 10:40:13 AM

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