In a federal lawsuit filed this week, a Minneapolis man who says he was merely sitting on a Mall of America bench waiting for a lunch date alleges that security guards questioned and harassed him and then called Bloomington police for no reason except that he is black.
A mall spokesman said the complaint of discrimination is "absolutely false," though he acknowledged that a security guard who was part of a specially trained counter-terrorism unit questioned the man because of "genuine concerns regarding this person's actions."
The man, Bobbie Allen, filed discrimination charges with the state's Department of Human Rights, which determined there was probable cause to believe that Allen was a victim of discrimination.
The suit says that Allen, now 44, went to the mall in June 2007 to meet a white female friend for lunch. The woman, an employee of a mall store, had to work longer than expected. Allen used an ATM machine, bought a cafe mocha and sat on a bench, where he drank coffee and wrote in his journal.
Soon a mall security officer approached. In her incident report, the suit alleges, the officer said she told Allen he had been randomly selected for a survey. But she wrote in her report that that was not true and that she had been watching Allen for 15 minutes because he was a "suspicious person" who had been talking to a female, writing in a notebook, looking around at people and looking at his watch.
The security officer asked Allen questions including his name, his friend's name, where he liked to shop and what coffee he liked best. The suit says Allen was "startled and offended" but answered the guard's questions. When the officer began to ask for personal information about Allen's friend, he told her he was uncomfortable with her inquiries and suggested she was asking only because he is black. He told her that he had nothing else to say.
Allen's friend arrived and verified that she was his friend and that they had a lunch date. She returned to the store to finish her shift. But the security guard continued to question Allen, who answered her questions.
The officer called her supervisor for backup, and both questioned Allen, who "was becoming concerned and was afraid to leave the bench with the officers around him," according to the suit. Bloomington police were called and asked Allen for his ID. He gave it to them, and police told him to let the security officers do their job and left.
The suit says Allen was afraid for his safety because he was surrounded by four standing officers. It says he tried to explain that he had done nothing wrong. More than 30 minutes after Allen was approached by the first officer, his friend joined him and security officers allowed the pair to leave for lunch.
The suit, which seeks damages of more than $100,000 for severe embarrassment, humiliation and mental distress, alleges that Allen was a victim of discrimination because he is black. Other people lingering on benches in the area, including a white man, were not bothered, the suit says.
In a statement, mall officials denied the suit's allegations. Dan Jasper, the mall's public relations director, said discrimination is not tolerated at the mall.
Jasper said the security guard was part of a counter-terrorism unit called Risk Assessment and Mitigation (RAM). RAM officers are trained in "behavior detection techniques" to identify suspicious people, and Jasper said the guard was responding to Allen's actions.
"We must be on guard at all times," Jasper said. "Our officers have an obligation to investigate anytime they see what they believe is a suspicious activity, even if that activity turns out to be benign."
Mary Jane Smetanka • 612-673-7380
