Fundamentals by Mike Marquis, CFI
Playing on Today’s Court W
ith the recent NBA lockout, my cable provider provided “Celtic Classics” for the pro basketball fan. For the first time I had the chance to see Jerry West, Elgin Baylor, Bob Cousy, Tommy Heinsohn, and Bill Russell in a full game. I was also able to revisit Dave Cowens, John Havlicek, Oscar Robinson, and a young Kareem. Finally, I got to relive the Larry Bird, Kevin McHale, Robert Parish battles with Dr. J, Moses Malone, or an older Kareem and Magic. With the black-and-white TV era, I found myself wondering how each player’s ability and game would transition to today. I’m not sure that a Heinsohn, Erving, or Cowens of years gone by would make the Hall of Fame if they played today. Bill Russell might not be the greatest winner ever (eleven titles in thirteen years), and Baylor might be just another role player.
Wham! Just like that an entire approach to technology’s door was slammed shut. The ray of hope was in Justice J. Summer’s lone dissent. Sure Bird could shoot in any era, but I’m not sure he’d get as many shots off; and West and Havilicek would struggle, too. Moses, Kareem, and Wilt? Their size keeps them on the court, but would they dominate? Oscar and Cousy, their court vision is there, but the rest of their skills…I don’t know. I guess that’s the cool part of these types of debates. But hey, this is a loss prevention column. And as is my habit, I eventually tie things back to my career. In this case, I got to wondering who or what of days of old makes the transition to 2012. My first nominee is Justice J. Summers from Louisiana. Yep, a State Supreme Court Justice. Here’s why. You see in 1973, EAS protection was a big deal. I.H. Rubenstein department stores had finished installing their first system in Baton Rouge. They took out ads in the newspaper, letting everyone know they had this new technology. They posted signs in the store letting customers know what the new devices on the merchandise were. They spent time training every employee on how to apply, remove, and respond to EAS tagging issues.
58
january - february 2012
Marquis is currently an assistant vice president of loss prevention with the TJX Companies. His more than twenty-four years of LP experience includes senior leadership positions with Limited Brands and Urban Outfitters. Marquis invites your comments at mike_marquis@tjx.com. The opinions and commentary expressed by Marquis do not necessarily represent the TJX Companies or any of its divisions.
Despite intensive training, over the first three days, they had multiple failure-to-remove (FTR) alarms. One of the FTRs was on Mrs. Frank Clark, a regular customer who had made several purchases. She was asked to return and the errant tag was found. The entire incident lasted less than five minutes. Mrs. Clark later said the clerk and manager were very polite and never indicated that they thought she had stolen anything. However, Mrs. Clark found the experience so upsetting that she had to take medication and a few days later sued. The trial court denied her petition. The appellate court affirmed the trial court. But the State Supreme Court reversed the decision, asserting, “Store personnel should have known that the alarm was just another false alarm. They should not have approached and detained Mrs. Clark.” Wham! Just like that an entire approach to technology’s door was slammed shut. The ray of hope was in Justice J. Summer’s lone dissent. He laid out a logical methodology wherein retailers could approach customers who had set off EAS technology regardless of the reason, and in doing so, provide retailers a roadmap to legal protection used today. Prior to the Clark decision, the Louisiana merchant protection statutes had been considered some of the strongest in the nation. Justice Summer’s dissent was instrumental in the rewrite of the merchant protection statutes in Louisiana, which included consideration of the relatively new technology where EAS activation was defined as reasonable cause. Justice Summers could play on today’s retail court.
Join Us Online LP Central
Our LinkedIn group is called LP Central because it is intended to be the central meeting place for LP professionals who want to connect with their peers to discuss important issues in the industry.
LP Voices
Our Facebook page, LP Voices, allows LP professionals to share not only the activities they are involved with in the industry, but also their personal lives with their friends, family, and community.
LP Mag The magazine’s Twitter page is @LPmag, where you can get frequent updates on what’s happening in the world of loss prevention.
|
LPportal.com
