The holiday shopping season can bring out the worst in people, but a child spitting from a third-floor balcony is not something anyone expects. That’s exactly what Minnesota shopper Kesean White says he encountered at the Mall of America. His viral Instagram video has reignited a familiar conversation about race and the point at which so-called “pranks” stop being harmless.
White was walking through the mall on December 7 when he noticed something hit the ground in front of him. It turned out to be spit falling from above. As White recounted, “I look up and see it again.”
He then yelled up at the child to stop and took the escalator to speak to him directly. The white boy he found was shopping with his parents and offered a timid “My bad,” which felt far too casual for spitting from a balcony. White was understandably frustrated and said, “Ain’t no ‘my bad.’” He added, “That’s nasty as hell! That spit literally dropped right in front of my face.”
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But what really caught viewers’ attention was the parents’ lack of acknowledgment or reaction. When they walked up with their shopping bags, they appeared only mildly concerned. Their expressions shifted, however, when White told them:
“If that spit would have hit me, I would have probably gone to jail tonight.”
That line sent the internet into a frenzy. One commenter wrote, “The mom’s face when he told her he would have gone to jail! Priceless!” Others weren’t convinced the parents truly understood the seriousness of the situation, saying they “couldn’t care less” and suggesting the child had “zero home training.”
Then the conversation turned to one of America’s most uncomfortable questions: What if the roles were reversed?
A comment on the video put it plainly: “Imagine a Black kid spitting over a banister and a white man was in your shoes. Cops & handcuffs would have been involved.” And legally speaking, that concern isn’t unfounded. Under Minnesota law, spitting on someone can qualify as misdemeanor assault. According to §609.224, intentionally causing someone to fear bodily harm—or intentionally inflicting it—constitutes fifth-degree assault. The charge can carry fines or jail time, and minors are not exempt from potential consequences.
Whaddya know? This is, in fact, a crime in Minnesota. Huh. pic.twitter.com/1Gc860dJGb
— CardsAgstHarassment (@CardsAgstHrsmt) February 10, 2016
White didn’t press any charges, though, but some argued the parents should’ve intervened more firmly at the mall itself. Others praised White for keeping his cool, especially in a public space where misunderstandings can get much worse.
So, who gets pardoned? And who (as White suggested) gets jail for reacting?
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