Walking through metal detectors, handing over bags for inspection and offering identification are not part of the moviegoing experience.
Yet.
But in the wake of the movie- theater shootings in Aurora early Friday morning that killed 12 and injured 59, it is not hard to imagine.
And it would be perfectly legal, say experts.
“If the theater required everyone to go through 14 different X-ray machines, and there was no evidence it was just for men or for women or people of color, that everyone had to go through them, I can’t think of a reason for that to flunk a constitutional base line,” said Samuel Rascoff, a law professor at New York University who specializes in national-security law.
Private enterprises, such as sporting arenas, stores, restaurants and theaters, have constitutional rights to create rules governing entry into, and behavior within, their establishments.
“If you want to fly American Airlines, fine. You can purchase a ticket, and here are the rules,” said Rascoff. “You don’t like the rules, don’t fly American Airlines. The first and fourth amendments don’t run against private actors, and the theory under which most of these transactions operate is that they are contracts. If you are in, you accept the rules and regulations the private party you are contracting with requires.”
Within hours after the shootings during the midnight premiere of “The Dark Knight Rises,” the third and last installment of a Batman movie trilogy, theater companies began issuing statements that, in addition to expressing grief over the shootings, said they are reviewing security measures.
“For the safety and security of our guests and associates, we are actively working with local law enforcement in communities throughout the nation and under the circumstances we are reaching out to all of our theatres to review our safety and security procedures,” said AMC Theatres, in a statement. The movie chain Friday also banned costume-wearing during movies.
In another statement, Regal Cinemas said, “The security and safety of our guests and staff is always our number one priority. As is our custom, we will continue to monitor the situation and adjust our security needs as necessary.”
And the National Association of Theatre Owners said, in a statement: “NATO members are working closely with local law enforcement agencies and reviewing security procedures.”
Gun expert and Michigan lawyer Steven Howard predicted theaters “will have to start beefing up fast,” because they are ideal targets for people who want to do a lot of damage.
“You are stuck. There is a clog at the exits, there is a natural choke point, and you have all of these people packed in like sardines and all you have to do is fire into the crowd,” he said. “The next step is to use some sort of firebomb.”
Metal detectors, he said, should be the first step. But that wouldn’t have stopped the suspect, James Holmes, who had been pursuing a doctorate in neuroscience at the University of Colorado Anschutz Medical Campus before the shooting. According to accounts, Holmes first entered the theater without his weapons. During the movie, however, he left through the emergency exit, which he propped open, covered himself in body armor, donned a gas mask, armed himself with three firearms and a gas dispenser, and returned.
“How do you make a theater that people can get out of in a hurry, that somebody can’t easily get into?” said Howard. “We can lock those doors shut, but what happens if there is a fire and people need to get out in a hurry? It starts getting really complicated. It’s a mess.”
With nothing stopping movie theaters and other businesses from buttressing security, it’s not difficult to imagine “a world in which private entities undertake some pretty pervasive security measures. That would be a real sea change for us, one we would really have to think about,” said Margo Schlanger, a law professor at the University of Michigan who specializes in national security and civil rights. “Do we really want to go there?”
“There” could be a place like Israel, where “you can’t go through a cafe or movie theater without going through a security check,” said Rascoff. “You can’t go into a supermarket in Israel without being checked.”
Douglas Brown: 303-954-1395, djbrown@denverpost.com or twitter.com/douglasjbrown
