The Dagley Dagley Daily  

By Janet Dagley Dagley
Covering the world from the waterfront in Hoboken, New Jersey, USA


ISSN 1544-9114


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Imperatives and choices, public and private

“Business succeeds rather better than the State in imposing its restraint upon individuals, because its imperatives are disguised as choices.”
— Walter Hale Hamilton

Ever been kicked out of a shopping mall? I have. In 1973, I was escorted by security guards from the Salem Mall in Trotwood, Ohio. And in 1998, I was similarly shown the door of a mall in Dallas, Texas — I don’t recall the name of that one, as we were just in town for the day, and I got tossed after less than half an hour. In both cases, I was not only entirely within the law, but well-mannered and adhering strictly to the standards of my profession. I had paid for everything I bought, said “Please” and “Thank you” as appropriate, and I had not littered. I was doing exactly what my immediate supervisor had assigned me to do, and doing it well. Nonetheless, the mall rent-a-cops (whose pay for giving me the boot was probably less than half what I earned for getting it), their supervisors, and all THEIR supervisors had every right to throw me out.

My offense? Asking questions. In the first case, with a pencil and notebook in hand, in the other, a microphone and digital tape recorder. In both cases, not that it matters, I was a working journalist. If I had been doing the same thing on a public street, they couldn’t have touched me. But even though malls are open to the public (some of the public, anyway), they are private property. And on private property, different rules apply. While there are limits on the limits a property owner can place — a restaurant cannot select its patrons based on race, for example, as was demonstrated in case after case during the civil rights movement of the 1960s — it can pursue a “no shirt, no shoes, no service” policy without government interference. And there is no civil right to go around asking people questions or otherwise practice journalism on private property.

Coincidentally, shirts happened to be the focus of a mall-tossing that made headlines this week, though shoes were not an issue. Stephen Downs, 61, and his son Roger, 31, were shopping together Monday at the Crossgates Mall in Guilderland, New York, when they decided to buy themselves matching T-shirts at one of those ubiquitous instant-custom-clothing kiosks. That in itself was an act of courage: you do occasionally see mother-daughter dress-alikes, but this is the first such father-son combo I’ve ever heard of.

The shirts, made and sold at the mall, had the words “Peace on Earth” (a very common message, particularly around the holidays) on one side, and “Give Peace a Chance” (also very popular, especially in wartime) on the other. (Some reports say they weren't EXACTLY alike, and the son's T-shirt actually said "No War With Iraq" on one side and "Let the Inspections Work" on the other.) The merchant that sold the shirts to these men did not object when they put them on immediately after the money, and shirts, changed hands. But someone else did, and summoned the security guards, who demanded that they take their newly purchased shirts off immediately. Roger did, even though it was wintertime, and even though it meant he might be refused in a restaurant with one of those “no shirt, no shoes, no service” signs, but Stephen — who happens to be a lawyer — refused. The security guards called the police, who arrested him on charges of trespassing.

By Wednesday, the story had gotten around, on the newswires and elsewhere, and more than 100 antiwar demonstrators, fully aware they were trespassing, marched through the mall and told mall administrators, and the press, that they would stop only if the charges against Mr. Downs were dropped.

This morning’s development is that representatives of the mall have contacted authorities to ask that the charges be withdrawn. The town’s police chief said he agreed. But Mr. Downs — who, as we mentioned, is a lawyer — says no. As his son explained to reporters, “My father feels there’s more to this. Crossgates hasn't examined what was wrong here.”

The American Civil Liberties Union — disclosure: I’m a card-carrying member — was quick to offer its assistance in the case, but so far Mr. Downs — that's Mr. Downs, Esquire — hasn’t asked for help. Nor has he announced whether he intends to sue. Meanwhile more protests, against the war and against the mall, are being planned.

And when I clicked on a headline about this incident on the Associated Press wire, courtesy of The New York Times, I got a matching bonus: an ad featuring a blank white T-shirt and the words “Win a $50,000 diamond-studded T-shirt!” flashing over it. Hmmm. I wonder if you can choose what those diamonds spell out? I wonder if they sell those shirts at the mall?

P.S. I got kicked out of a Burger King once, too: I was in full clown costume, and they thought I was Ronald McDonald.

P.P.S. It's snowing like crazy out there, again — looks like a couple of inches have accumulated since I started writing this less than 2 hours ago.


  posted by Janet Dagley Dagley @10:09 AM


6.3.03  

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