Woman Asked to Leave Mall Files Suit
Woman Asked to Leave Mall Files Suit Save Email Print
Posted: 11:05 PM Sep 25, 2008
 Last Updated: 12:54 AM Sep 26, 2008
 Reporter: Janet Kim
Email Address: janet.kim@wkyt.com
61 comments
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A Kentucky woman, who made national news after her clothing got her kicked out of a mall, has filed a lawsuit.

The suit is against the Richmond Mall and Eagle Security for assault, false imprisonment, and outrageous conduct by mall security.

Kymberly Clem says she was asked to leave the mall back in August by a security guard who told her the dress she was wearing was too short.

Her attorney, Wes Brown, says they have been waiting for six weeks to hear from the Richmond Mall. They say an apology by mall management would have made a difference.

Clem says she bought the dress at the mall. A manager there says it was actually a shirt, meant to be worn with pants.

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Posted by: Jeb Location: KY on Sep 30, 2008 at 10:07 AM
She has filed a suit? If she had been wearing a "suit" this wouldn't have happened.
Posted by: Anonymous on Sep 29, 2008 at 05:55 PM
The mall and the security firm have the right to refuse to allow people in the mall as long as it is not for reasons of race, religion, sex, or nationality. This is not discrimination, this is asking a girl to leave because they believed the dress to be inappropriate for a family setting. They have the right to do that. If she was walking down the street in a bathing suit she would be fine, but a private establishment has the right to refuse people. How many times have you walked into a fast food resturant and seen a sign that says no shirt, no shoes, no service? This is no different.
Posted by: Doug Location: Frankfort on Sep 29, 2008 at 05:43 PM
It's unbelievable the clothes young adults wear. It is good to see someone stand up and voice their objection to this type of behavior.
Posted by: s Location: eastern KY on Sep 29, 2008 at 02:25 PM
I can't believe there isn't more than just ashort dress to this. Maybe she bent over??? Anyway dress and act like you are being interveiwed for heaven and maybe that would help, oh well maybe not. But I just bet there is more to the story than just the short dress.
Posted by: char62 on Sep 29, 2008 at 10:13 AM
Once again another frivolous lawsuit in the making. Goody, Goody It looks like our court system will be tied up with another outrageous scheme to get money.
Posted by: 22 Year old Female Location: Lexington on Sep 29, 2008 at 08:28 AM
I see a lot of comments from people who say "I've seen women and girls wear a lot worse out in public." THAT DOESN'T MAKE IT RIGHT! Just because one person dresses like trash doesn't mean everybody needs to. The reason nobody says anything anymore is for the same reason this is in the news. You hurt someone's feelings and they want to sue you. If you can't tell someone they are dressing or acting innapropriately without the possibility of getting sued, it's a sick world. Go back and watch her interview with the news station; nothing was said about false imprisonment or assault. He ASKED her to leave the mall after seeing her dress (shirt according the store manager who sold it) was too short. This will get thrown out of the courtroom. And yes, read her myspace page that someone gave the link to below. It spells it out.
Posted by: Shiro Location: Floyd County on Sep 29, 2008 at 08:22 AM
If the mall did not want this worn in the mall,they should have not sold it from the mall........
Posted by: Kelly Location: KY on Sep 29, 2008 at 01:26 AM
This girl better hope the security camera's back up her story or she doesn't stand a chance with this.
Posted by: Mary Location: kentucky on Sep 28, 2008 at 10:28 PM
what are you people thinking, its as if everyone is missing the main point here. This is not about the dress,"which was perfectly fine" but more of how this young lady was treated. For all of you who are saying this is stupid, imagine if this happend to your daughter or etc And believe me ive been to the fayette mall on a friday night! So stop rambling on about how this young lady is out for attention and realize the mall is wrong for this one, and it wouldnt have hurt them to say it was their mistake.
Posted by: jamie Location: mckee on Sep 28, 2008 at 04:02 PM
I have read your comments and considered everyones views before writing my own. I must say that her dress covered her better than the bathing suits I have seen others shopping in. The only way she would be guilty of any crime is if she was exposing her private parts (which she wasnt). It does not matter if it was a shirt or dress as long as it covered and as long as she was not commiting a crime they had no reason to put her out of the mall. I myself would have demanded that he call the police to judge if he had any right to throw me out. Then I would sue because if this happened to me what would stop it from happening to others. We as a people should understand we have the right to wear whatever we choose as long as we are not running naked in public. This woman most likely felt pretty in her new dress and wanted to show it off then this person tried to hurt her for his own selfish reasons and that is not right.
Posted by: Mike Location: Lex on Sep 28, 2008 at 02:37 PM
Here are some comments from her myspace page: "Good in bed" "She will never be as good as me" "Hating me won't make you pretty" "Baby phat top $40, Baby phat skirt $36, bra and panties $25, seeing it all on your man's floor the next morning...PRICELESS!" In her "about me profile" she wants to persue a career in criminal justice; good thing it isn't teaching because she spelled "pursue" incorrectly. I think we all see a pattern here. Someone who thinks she is a Diva but is really what the majority of you are portraying her as. I rest my case your Honor.
Posted by: sue Location: berea on Sep 27, 2008 at 10:29 PM
I have seen young girls, and older women in public places with their buns hanging out, not mention the tops, oh where were their tops to cover up. I think girls dress or whatever was short, but I have seen more girls with less clothing. She should fight for what she thinks she should do. GO GIRL. GO GIRL.
Posted by: RCC Location: WINCHESTER on Sep 27, 2008 at 06:58 PM
I'M MAN, BUT I WAS A WOMAN WITH A BODY LIKE THAT!IWOULD HAVE WORE THAT DRESS TO!!!!
Posted by: GET A LIFE Location: MISS CLEM! on Sep 27, 2008 at 03:45 PM
MISS CLEM YOU NEED TO GET A LIFE AND A JOB TOO. LOOKING FOR THE EASY MONEY. FROM THE PICTURE YOU GIVE THAT IMPRESSION. SOME PEOPLE WILL DO ANYTHING FOR ATTENTION.
Posted by: Bob on Sep 27, 2008 at 01:34 PM
I've read the comments below and this generation seems so willing to give up rights and civil liberties that it took past generations fifty years to achieve. She should fight what happened.
Posted by: Rena' Location: Corbin on Sep 27, 2008 at 10:19 AM
This is ridiculous.If this young lady violated some kind of decency law, then the proper action is to call law enforcement and let them deal with the matter. Having a security guard approach her to tell her that women were complaining..is so Kentucky. For him to escort her from the mall based on the personal opinions of others is ludicrous and again..so Kentucky.Her rights were violated. I have yet to see a Mother with her screaming baby,out of control toddler or her disrespectful teenager being escorted out of any mall. And quite personally, as a female I'm more offended by the poor parenting (That is rampant in this area) that disrupts my shopping than I am by someone else's fashion chooses. It's time Kentucky joins the rest of this wonderful country and recognizes that we too must respect the rights it so graciously offers. As for the suit, I don't support huge monitary payouts, however some compensation in addition to a very public apology is due to this young lady.
Posted by: Barbara Location: KY on Sep 26, 2008 at 10:34 PM
Mommy needs to put that baby back in her play pen! My God! What a DRAMA QUEEN!!!
Posted by: Ida Location: Southeastern Kentucky on Sep 26, 2008 at 10:19 PM
It looks like a case of probably one older woman complaining because she caught her husband looking at a young pretty woman. And a wannabe-a-policeman security guard overreacted and handled it in a bad way. I think she has the right to be angry and file a suit. The guard even made her do a turn-around for him.
Posted by: Fred Location: Lexington on Sep 26, 2008 at 09:43 PM
Now tell me why, again, that people make fun of Kentucky? :)
Posted by: k Location: lexington on Sep 26, 2008 at 09:29 PM
Of course she is sueing. Who cares what she wears, just as long as she dont show the parts everyone wants to see/.
Posted by: Sick of her on Sep 26, 2008 at 09:00 PM
God don't trash like this ever go away. I thought this was over and we didn't have to see her ugly face or deal with her bad accent again. This attetion seeker needs to get a life and go on. Your 15 minutes of fame is up honey go get a job and shutup.
Posted by: me Location: ky on Sep 26, 2008 at 08:05 PM
Oh no, here we go again.
Posted by: me Location: ky on Sep 26, 2008 at 07:37 PM
Oh no, here we go again.
Posted by: Chad Location: Elizabethtown on Sep 26, 2008 at 05:46 PM
Give me a break people, So what the dress was short. People that wear clothes 5 times to small or guys in girls jeans arent asked to leave. I think she will win her suit and shut everyone up.
Posted by: Darlene Location: Winchester on Sep 26, 2008 at 04:36 PM
It's a sad day when you can sue over dressing indecent in a public place. The girl needs to get over herself and quit wasting the taxpayers' time and money in court over such a ridiculous lawsuit. Just looking at the picture shows me she craves attention. Just another twit trying to get attention.
Posted by: Shadow Location: Prestonsburg on Sep 26, 2008 at 02:51 PM
Angie, we probably could sue her for mental anquish...LOL This is really ridiculous!! Waaaah you were asked to leave because your clothes were inapropriate, I'm sure if you were fighting in a restuarant you would be asked to leave as well, what would you do then sue them for making you starve? There are so many other issues to worry about besides a college student looking for money in a fraudulent lawsuit!
Posted by: Yeah BOY Location: on the tip on Sep 26, 2008 at 01:01 PM
Dont hate the player hate the game, just cause shes a hottie you all gotta be dissing that girl, you go long legs sue sue sue SHOW ME THE MONEY see ya all MOMO
Posted by: Anonymous Location: Somerset, KY on Sep 26, 2008 at 12:55 PM
She was an embarassment to her self. She is a waste of the courts time! An apology would indicate they did something wrong. She just needs to buy some pants.
Posted by: amused Location: ky on Sep 26, 2008 at 12:43 PM
It won't get dismissed because there is always some greedy person who wants to make money. I think a lawyer is a joke that takes on this kind of case. But courts are just as bad to let it happen. As I said before, they should tell her and her lawyer, if you lose you will reimburse the city and its courts for all the cost incurred for such a stupid lawsuit. SHAME ON THE LAWYER WHO TOOK THIS. I still can not figure out why anyone in their right mind would take something this far. It's not like she is a star. I don't feel sorry for the way it happen, I just feel sorry for her that she is taking it this far. It really makes her look bad, greedy and pitiful.
Posted by: Lisa Location: lexington on Sep 26, 2008 at 12:37 PM
So, since they sale bikinis at the mall along with bras, thongs and panties that means its ok for everybody to wear it to the mall. What a scary place the mall would be.
Posted by: bgrassbelle Location: ky on Sep 26, 2008 at 12:00 PM
Of course she was going to sue from the get go, that was her whole point in bringing it to the attention of the media...unfortunately they air anything & everything anymore! This just gave her a excellent opportunity to pick a lawyer from the many that I am sure called her after seeing the broadcast. Unfortunately this will be settled out of court because it will be less costly for the insur co. than going to trial and unless there is some type of reform, greedy people will keep suing over nothing, which unfortunately has become the "American Way"
Posted by: Jay Location: KY on Sep 26, 2008 at 11:36 AM
Maybe she will win enough money to buy a whole dress....LOL
Posted by: sierra Location: Lexington on Sep 26, 2008 at 11:36 AM
I guess none of you folks have ever been to Fayette Mall in Lexington. I've seen the kids there wear way less and no one says anything. I don't blame her for wanting a little revenge on the mall, they should have left her alone.
Posted by: kymom Location: lex on Sep 26, 2008 at 11:29 AM
I sure hope the mall fights back and doesn't settle! I wouldn't give her one red cent!What if everyone sued the mall everytime they got kicked out! I guarantee you that if another girl had this same outfit on, and Kymberly's boyfriend was looking, she would be ticked!What a hypocrit! If she wants to act like trash, then she should be treated that way!If it were me, I would be too embarrassed to show my face to the media again and bring the whole thing back up! I would be trying to hide until everyone forgot about it! The nerve of some people!The mall should sue her for indecent exposure!
Posted by: Anonymous on Sep 26, 2008 at 11:16 AM
When you go to the lexington malls all you see is half dress girls so why just fuss about one?
Posted by: fisty Location: ky on Sep 26, 2008 at 10:57 AM
that girl needs to get some clothes that fit her.
Posted by: Johnny Location: Stanton on Sep 26, 2008 at 10:25 AM
I bet if it were one of you hypocrites in the mall praying and you got booted out you would feel the same way. If she looks so bad and nasty don't look. If you were a true chrisian you wouldn't even mind if she were naked. Its only as nasty as the person looking makes it. GOD made the human body and you should be able to look at it without being a pervert. I have been in the mall and have had some holly roller in there praying for everyone. I didn't like the way they were praying but I didn't ask for them to be removed. We need to judge ourselves before we judge others. Just remember its between you and GOD and not between You,GOD and Everybody else.
Posted by: Jay Location: Richmond on Sep 26, 2008 at 10:24 AM
The security gaurd should have charged her for a Prostitution attempt. Instead, they probably cut her a break.
Posted by: Debbie Location: Mt. Olivet on Sep 26, 2008 at 10:12 AM
She saw this as a way to try to become rich and famous.If this doesnt work I wonder what she will do next time. The only thing she is doing is ruining her reputation.
Posted by: mike rolf on Sep 26, 2008 at 10:10 AM
WHAT ABOUT, THE YOUNG ONES THAT WEAR THERE PANT DOWN PAST THERE WASTE, GO AROUND HOLE THEN UP.
Posted by: Pat on Sep 26, 2008 at 10:10 AM
Don't that just figure? Clem in front of a mirror with her dress on. It has probably not been washed since the Mall incident. EVIDENCE!!!!!! for court. The picture posted with this story says alot. Enough about the stupid dress on the stupid girl.
Posted by: jimmy Location: bowling green on Sep 26, 2008 at 09:48 AM
she is just looking for a free ride through life http://www.myspace.com/kymberlymarie19
Posted by: alf Location: kentucky on Sep 26, 2008 at 09:25 AM
if this was a shirt why was it hanging with the shirts not the dress section
Posted by: The Last DJ Location: Southern KY on Sep 26, 2008 at 09:05 AM
OK Admit it. She's hot and the dress makes her that much hotter! The only reason why anyone bashes her is because of envy. If half of the people who insult this chick had the body or the nerve to show off their assets, they would!
Posted by: Mark Location: Danville on Sep 26, 2008 at 08:52 AM
I guess it was a bad idea to wear a t-shirt and panties to the mall.
Posted by: Becky Location: Winchester on Sep 26, 2008 at 08:48 AM
I think this is ridiculous. Ms. Clem has embarrassed herself by taking this incident to the media. You have to take into consideration that a mall is a place for families, its not a bar, this "dress" looks like something you wear to a bar. She may have bought the "dress" there, but it's not suitable to wear in such a place. Further more, the mall security may have been out of line in the way they handled the matter, but to claim assault, I really hope this matter gets dismissed. She has brought all the negative attention to herself, I feel the mall nor the securtiy business is at fault.
Posted by: Tim Location: Lexington on Sep 26, 2008 at 08:47 AM
It's all about the money and publicity. Regardless of what she or her attorney may say, Ms. Clem clearly wants to soak this story for all it's worth, and perhaps make a few bucks in the process. She might have come out of this looking like the victim if she hadn't tried to capitalize on it.
Posted by: wanda Location: booneville on Sep 26, 2008 at 08:39 AM
a star is born
Posted by: Earl Location: E. KY on Sep 26, 2008 at 08:36 AM
Good god, her again! Please, I'm from Eastern KY but I ain't that stupid. I saw her explanation to the news people before and she said nothing that sounded like she was imprisoned or assaulted. All she did was get her feelings hurt because a guy didn't like the way she looked. I still say she thought she was going to get a compliment when he called her over and when that didn't happen, she got mad and threw a hissy fit. I hope her parents are proud of a daughter who wore a shirt as a dress, got the attention she wanted, and is acting like an immature 3 year old because her feelings are hurt. And people call us Eastern Kentuckians stupid; what a joke. Quit giving her the attention and with any luck, she'll go away.
Posted by: amused Location: ky on Sep 26, 2008 at 08:29 AM
I was wondering how long it would take for her to sue. I don't think an apology would do it, I think she has intended to file a suit all this time. Everyone sues for everything these days and our system allows people to waste tax payers dollars to do this. If it was a shirt, it should have been worn as a shirt. I think when the store proves that it was a shirt, then she & her attorney should have to pay back all fees aquired to do this and maybe people would quit suing for crazy stuff, because to me this is stupid. I don't understand why this was a big deal and she had to get press, news, etc, involved. Of course there is always some lawyer out there telling people, "YOU CAN FILE SUIT", but does she realize that the lawyer comes out big not her. She is allowing people to make her look greedy and crazy. I know it was probably embarrassing, but let it go and people would have done forgot about it.
Posted by: me Location: richmond on Sep 26, 2008 at 08:05 AM
This doesn't surprise me one bit. I am surprised she waited this long to file a "law suit". People in this country will sue over anything to get money in their pocket. No one is talking about this incident anymore, she needs to move on and forget about like everyone else has and if she doesn't want all this attention drawn to her put more clothes on next time you go out in public!!!!!!!!!!!
Posted by: Enough Already Location: Ky on Sep 26, 2008 at 08:00 AM
How much attention does one woman need?
Posted by: Ralph Location: Pikeville on Sep 26, 2008 at 07:33 AM
Go get Kim,hold your head up and full speed ahead.Women like to shop,men like to look.Without good looking gals for men too see, men won't even go there anymore.!!
Posted by: Me Location: lol on Sep 26, 2008 at 07:25 AM
hahahha I hope this person gets NOTHING she is old enough to know what to wear and not what to wear. She was asking for attetion from these people. I bet she feels really big now that she is getting it doesn't she. She is asking for something that she should not get. Like I said she is old enough to know what is apporiate and that right wearing to wear to a mall were they are going be kids and older people. She knows what she is doing don't give her the doubt of winning over something that is stupid and that was her fault to begin with. Duh.
Posted by: Kevin Location: Kentucky on Sep 26, 2008 at 07:15 AM
Wow, I didn't see that one coming.
Posted by: Anonymous on Sep 26, 2008 at 07:08 AM
In most places a dress is to be fingertip long. And by what I see it was.
Posted by: Jeb Location: KY on Sep 26, 2008 at 06:58 AM
This would have NEVER made national news or even KY news if SHE didn't go to the media. There is no other way anyone would have found out about it. That tells me she was looking for publicity. This could have been handled quietly between her and the mall. People have problems bigger than this each and every day but do not go to the media, nor do they sue the other party involved. I hope whomever the judge is in this case will let this media hungry woman know that it was her own doing that made this into a circus. I've had it with stupid lawsuits and people who think they are due something just because their feeling got hurt. If it were that easy, everyone would be a millionaire for getting their feelings hurt. And remember what the owner of the shop where she bought the "dress" said; "it was actually a shirt, meant to be worn with pants."
Posted by: John Location: Georgetown on Sep 26, 2008 at 06:30 AM
Well what do you expect from a person that calls for attention? When you dress like a street-walker and act like one in public you shall be treated as one.
Posted by: Angie Location: Michigan on Sep 26, 2008 at 05:39 AM
To bad we can't sue for having to look at it !! LOL
Posted by: Zatoichi Location: Richmond on Sep 26, 2008 at 04:14 AM
There ain't much of a mall left to sue. It's mostly moved or shutdown. Ms Clem is still flaunting her 15 minutes it seems.
Posted by: WOW.... Location: Richmond on Sep 25, 2008 at 11:15 PM
It was a shirt! She should be embarassed she brought this on herself. Wes Browne seems to be the Samuel Jackson of attourneys his answering machine must say "I'll take it!"
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