I called them again tonight and finally got
thru, and I have to speak with the manager tomorrow morning, and make an appointment with her. Will keep you posted as to what happens.
Tomorrow's appointment will be important.
Dress well. I'd suggest slacks, a dress shirt, and a tie minimum.
Behave as a prefect gentleman. DO NOT, no matter how argumentative or impolite she is, DO NOT raise your voice or use even a single explicative. ALWAYS address her very formally, Ms. Smith or Madam. Even if she say, "Oh, please, call me Jane," just keep right on calling her Ms. Smith. This is not a sign or weakness. It establishes a very civil, but very formal tone.
Arrive with a file folder in hand. In that folder, you should already have a crime report form from your local police station already filled out, a printout of your state's Attorney General's website with phone numbers circled in red (and jot a few fictitious names and such in the margins as if you took the notes while talking to these people on the phone), a printout of your state's Liquor Board website if the club has a license (similarly circle phone numbers and forge notes in the margin), and forms to begin a small-claims court case (you may be able to download these off the web) already partially filled out. Also in this folder amidst these papers will be a legal pad. Fold over about the first five pages so that it looks like you've already taken some notes.
When you sit down with her, open the folder on the table in front of you and rummage through the papers looking for your note pad. Write down at the top of the page the date and time, and her name. Double-check the spelling with her saying something like, "Is that Smith with an I or Smyth with a Y? Oh, thank you. My cousin, who is a lawyer, said I should be very careful to document everything."
Have a list of questions prepared ahead of time to ask her: Who where the bouncers on duty that night -- names? Who took your knife -- again, a name? Under what state law does the club think that it has authority to confiscate private property? What is the club's policy reguarding the disposition of confiscated knives? Where is your knife now? Who owns the club and what is that person's full name and address? Who carries the club's liability insurance?
She may get somewhat upset with some of these very probing questions. Remember your #1 goal: Behave as a prefect gentleman. DO NOT, no matter how argumentative or impolite she is, DO NOT raise your voice or use even a single explicative.
If she says, "I don't know," then you answer, "Please find out. I'll come back tomorrow at this same time and we can meet again to discuss it."
If she says, "I'm not going to tell you that." then you answer, "That's your privilege. I'll find out eventually."
She may try to deflect the issue. Remember to stay focused. The knife is your private property. It was stolen from you by an employee of her club in front of witnesses. Focus on that point.
She may try to deflect the issue by explaining that the club has this policy in order to protect its patrons. Your reponse is, "As a past patron of this club, I appreciate that and I appreciate the safe environoment you try to maintain. However, you can't do that by stealing your patron's property."
Be very careful not to allow her to use words like "confiscate." The club has no legal authority to confiscate anything. Only a sworn officer or a court has the authority to confiscate something. The club stole your knife and don't let her use any other word for it.
Express to her that all you want is to have your knife returned to you and to have the club revise its policies to be in-line with the law. They may exclude patrons carrying weapons. They can and should call the police if they think that they've found an illegal weapon. But they may not confiscate a weapon.
Stress to her that when the club or its employees starts acting like a sworn police officer by confiscating private property, the club and its employees are impersonating a police officer, they are usurping the authority of a police officer, and, and this is most serious, they are assuming the responsibility and the liability of a police officer. If you want to be a police officer, you can't pick and choose; you have to take the whole kit-and-kaboodle.
That's why you asked about the club's liability insurance. If a police officer wrongs you in some way in the course of his official duties, you can not easily sue the officer personally. He is shielded from liability for his official acts and it's very, very hard to break that shield. You can sue the city. No city can get insurance to cover such liability. Cities self-insure and they rely on the full faith and credit of the State. Dance clubs don't have that option. They've got to carry insurance. But when you usurpe the duties and the authority of a police officer, you also assume the awesome, basically unlimited legal liability of a police officer. If the club's insurance carrier finds out that they're doing this, the carrier will drop them instantly. That potato is way to hot to handle. So, you are doing the club manager a favor by pointing out to her that her employees and her policies are exposing the club to virtually unlimited legal liabilities.
The fact is that she probably doesn't have the knife. She may not be able to get it back either. So, you should have a monetary settlement in mind. How much is the knife worth to you? Double it. Negotiate down by 25%.
If she doesn't settle right there, and she may not have that authority, then thank her for her time and for the information she's provided and assure her that you'll be in touch. Shake hands politely and leave.
