The Future is in Our Hand (Guns): A Model Dystopia with Movie Theatre Pat Downs

Another day another shooting. The news these days seems to be punctuated by a cacophony of gunfire. And frankly I’m tired of it. Not desensitized, I hope. But tired and more than a little angry. This week’s shooting was at a rap concert in Manhattan. This occurs just as a Colorado jury decides that Cinemark movie theatre is not liable for the shooting that took place in Aurora. The concert took place at a location ostensibly ‘controlled’ by Live Nation.

News trucks once again circle the vestiges of what was meant to be a fun night out. If it were a scene from a movie it would be criticized as cliché. Civil and criminal defense attorneys alike weigh in. But we will get to decide. Juries render verdicts, lawyers will appeal and judges will set precedent. Then, venue owners will cover their proverbial rears with security protocol commensurate with the new law and coextensive with damages awarded to the injured.

So who is responsible? In the never ending search for deep pockets, someone besides the shooter himself will be held accountable. And maybe it should be thus. Shouldn’t it? This is the kind of complicated liability question, made more complicated by the constitutional provisions contained in the 2nd Amendment, that makes law students dread the bar exam, and lawyers like me, who don’t have a dog in the fight, engage in pointless debate with colleagues.

Maggie Heckstall, a model who was shot in the leg after being caught in the crossfire definitely suffered damages. She’s got medical bills, and at least one scar on her model’s leg, and (if I had to guess) a completely reasonable fear of crowds and loud, sudden noises. But did Live Nation have a duty to protect her from this kind of harm?

Without getting too deep into impenetrable lawyer land and the different duties owed invitees and other individuals, what duty does Live Nation have to protect the people who go to its concerts from some random crazy (or mean, or vengeful, or deluded) person with a gun? Would it matter if Live Nation created one by promising its patrons extra security?

Live Nation is the same company that was in charge on November 13, 2015 at the Eagles of Death Metal concert in Paris where over 80 people were killed in a terrorist attack. After that attack, Live Nation issued a statement in response saying, “Due to the recent events in Paris and in an abundance of caution we have implemented heightened security procedures globally.”

Ms. Heckstall’s lawyer, Ryan Blanch, says his firm is investigating claims that not only did Live Nation not heighten security protocols, but that it perhaps had less security in place than would normally be expected.

If Live Nation is held accountable in a court of law, what will that mean for our future world, our children’s world? We want them to be safe, but do we want them to go through metal detectors and suffer TSA-style pat downs at school, movie theaters and grocery stores? Response to 911 brought NSA phone surveillance. I am not complaining but it’s disheartening. I don’t have the answers. But the answer to these questions are ones we will all have to deal with.