by DHAVAL MEHTA & JEREMY OLSHAN

When one rounds up the usual suspects, Grandma is usually left out of the picture.

But when Grandma Selma Moses took her grandson to the new Disney picture, she was nearly left out on the street.

Walking hand in hand with her grandson, Moses arrived at the New Cinemas of Main Street in Kew Gardens Hills. She gave the tickets to the usher, and began to proceed inside. But she was stopped in her tracks, and told that they would have to search her purse. When she questioned the intrusion, the usher explained that the theater was checking for "outside candy."

Even though Moses was not carrying any contraband confections, she refused to allow the usher to search her bag on the grounds that her rights were being infringed upon.

"They were not looking for guns or alcohol," said Moses, but ‘outside’ candy. That is outrageous."

But the usher was not about to let Moses go. He explained that if she would not allow for her purse to be searched, than the theater would be more than happy to refund her tickets.

"Since I didn’t want to disappoint my grandson, I opened my bag for them," said Moses. Although, over the course of watching the movie, Moses became incensed at the movie theater’s policy.

She promptly contacted the Action Desk. "I think this is a despicable policy," Moses said.

When the Action Desk contacted the theater’s management, they threatened to sue the Tribune.

When questioned further, the management explained that the bag check policy was implemented as a safety measure.

"We were robbed three to four weeks ago at gunpoint," said Paul Ferguson, attorney for the independently-owned New Cinemas of Main Street. "Several thousands of dollars were lost. This is a mostly Jewish neighborhood, so we have to be very careful. This is the perfect place for an attack, people with guns are not good."

At the same time, Ferguson pointed out that no one is forced to open their bags. "We don’t insist on searching anything, she said." We tell them to leave their purses and knapsacks in their cars, or to not bring them at all.

But critics of the policy contend that the motive is not to insure the safety of moviegoers, as much as it to insures greater profits at the snack bar.

"When you go into McDonald’s you can’t have Burger King food," said one manager at the theater. "When you go into Carvel, you can’t be eating Baskin Robbins."

According to Heskel Elias, landlord and operator of several movie theaters in Forest Hills, movie theaters generally make 35 percent of their income from the concession stands. "We expect at least $2.50 from each person at the concession stand," he said. Elias added that this profit motive is not in his mind license to conduct routine bag checks. "What are we going to do, search through their bags? I don’t think it’s right."

The other large movie chains agreed.

"Our policy is also to not allow outside food," said Mark Pascucci, spokesman for Sony/Loews Theaters. "But on the other hand, we do not search people’s bags. That is not our company’s policy."

The theater gets an average of five complaints a day, said New Cinemas’ manager Cheryl Wills.

"A few people have gone as far to call me Hitler," said Wills. "And several African American customers have said, ‘we are slaves all over again.’"

Wills added that the policy became necessary because customers were bringing in whole platters of food.

"Chinese food is not a welcome staple at the movie theater," said Wills. "And once, a person brought in a whole chicken. There are certain things that you cannot have in the theater."

But is the movie theater within their legal rights to conduct searches of patron’s bags?

According to the Human Rights Commission, the city agency that handles complaints of this nature, "yes."

"That is, unless someone is treated differently than another customer. In those cases, a person may be able to make a claim," said Andres Roura, spokesperson for the commission.

Moses was not sure if she was singled out. "The lady in front of me had a purse and she was not checked," she said. "But I am not sure if everyone else was."

Upon hearing the details of the case, Roura then invited Moses to come in to his office and formally file a complaint.

When a customer continues to complain to the theater management about the problem, the cinema send a form letter which states "At the time you were here we did and still do have three signs conspicuously posted in the theater advising our patrons that we allow absolutely no outside food or beverages within the theater... I am sorry if you were not aware of the policy."

Enclosed with the apologetic letter are four free passes to the theater which can be used at any time.

"At this point, I don’t even care about an apology," said Moses. "I just don’t think they should be able to do this anymore."