Potts to launch civil suit against Triple Five

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Edmonton

A prominent Alberta Indian leader plans to tackle one of the province's largest corporate giants in court after being mauled and humiliated in public by three of its employees.

Percy Potts, vice president of Treaty 6 for the Indian Association of Alberta (IAA), told Windspeaker Wednesday he plans to file legal action against Triple Five Corporation, Ltd.

stemming from an incident at its downtown Eaton Centre shopping mall Aug. 29.

Potts, who was on a shopping trip with his daughter, was wrestled to the ground and handcuffed by three security guards after he was accused of riding an elevator they claim

was exclusively for patrons of an adjacent hotel.

Potts decided to sue Triple Five after he was told by several people afterwards that they were never stopped by mall employees when they used the hotel elevator.

"To me it was kind of strange that this happened," he said.

He is considering submitting a human rights complaint to the Alberta Human Rights Commission against the multi-million dollar corporation that is also owner of West Edmonton

Mall.

"We're pursuing it through the court system now. And certainly if that avenue (human rights complaint) is available I would like to pursue it through there," he added.

Potts admits he and his 12 year old daughter Misty were riding the Eaton Centre Hotel elevator in an attempt to get to the mall's parkade.

"But we were lost," he says.

"So we got back off in the lobby and the guy asked us if we belonged at the hotel."

He noted that other people using the elevators were walking to and from the Eaton Centre shopping mall entrance located a few feet away.

Potts said the security guard, who identified himself as the manager, was angry because Potts questioned his authority.

"He grabbed me and threw me down, then called over two more guys to put handcuffs on me. My daughter was there watching, but they didn't seem to care about that," he

said.

His hand was badly bruised and his thumb was injured in the melee.

Potts, 35, was taken into custody by mall security and was later given a summons by Edmonton Police to appear in court for a charge of assault by trespass.

"The whole thing could have been settled through discussion rather than the man (first security guard) deciding to exercise his power of authority and get in a physical

confrontation with me," Potts said.

Murray Marshall, IAA attorney who will be defending Potts in the assault by trespass charge, is currently drafting a statement of claim for the subsequent lawsuit.

"It's going to be an action for damages Percy sustained as a result of the incident," he said.

Marshall said he could not reveal any specifics to the claim, but said "Percy has a very strong case."

A Triple Five spokesperson indicated the elevators are clearly marked for use by hotel guests, visitors and the handicapped.

Selma Linzer said the security guards were acting in the appropriate interest of their employer, Triple Five Corporation, and there should be no basis for legal action by Potts.