Elmore v. Atlantic Zayre, Inc.

Carley, Judge.

A customer made a complaint that homosexual activity was occurring in a rest room that appellee-defendant Zayre’s maintained for the convenience of its patrons. In response, appellee-defendant Cox, who is Zayre’s loss prevention manager, inspected the rest room and observed an exhibition of highly suspicious behavior therein. He and another member of the security staff then determined to verify that criminal activity was occurring behind the door of a closed stall. For that purpose, they went to a location in a storage area above the rest room, where a crack in the ceiling…