Lawyer Arrested for Wearing a 'Peace' T-Shirt (AT THE MALL)

reuters ^ | 3/4/2003 | reuters

[TLBSHOW]

Lawyer Arrested for Wearing a 'Peace' T-Shirt

— NEW YORK (Reuters) - A lawyer was arrested late Monday and charged with trespassing at a public mall in the state of New York after refusing to take off a T-shirt advocating peace that he had just purchased at the mall.

According to the criminal complaint filed on Monday, Stephen Downs was wearing a T-shirt bearing the words "Give Peace A Chance" that he had just purchased from a vendor inside the Crossgates Mall in Guilderland, New York, near Albany.

"I was in the food court with my son when I was confronted by two security guards and ordered to either take off the T-shirt or leave the mall," said Downs.

When Downs refused the security officers' orders, police from the town of Guilderland were called and he was arrested and taken away in handcuffs, charged with trespassing "in that he knowingly enter(ed) or remain(ed) unlawfully upon premises," the complaint read.

Downs said police tried to convince him he was wrong in his actions by refusing to remove the T-shirt because the mall "was like a private house and that I was acting poorly.

"I told them the analogy was not good and I was then hauled off to night court where I was arraigned after pleading not guilty and released on my own recognizance," Downs told Reuters in a telephone interview.

Downs is the director of the Albany Office of the state Commission on Judicial Conduct, which investigates complaints of misconduct against judges and can admonish, censure or remove judges found to have engaged in misconduct.

Calls to the Guilderland police and district attorney, Anthony Cardona and to officials at the mall were not returned for comment.

Downs is due back in court for a hearing on March 17.

He could face up to a year in prison if convicted.

[Illbay]

So you SUPPORT any bookstore that would refuse to sell Ann Coulter's book, right?

[HighWheeler]

This doesn't pass the smell test.

"...charged with trespassing "in that he knowingly enter(ed) or remain(ed) unlawfully upon premises,".

This charge is far stronger than just wearing a t-shirt.

Something is going on here.

[aruanan]

The mall acted stupidly, but within their property rights. Any business owner should have the right to decide who is on his property.

Shoulda, woulda, coulda. "...the right to decide who is on his property...." "Well, ma'am. I don't like to serve colored people in my restaurant. I should have the right to decide who is on my property, so get out."

A mall is a place of public accomodation. If all the guy was doing was wearing an article of clothing that he purchased in the mall, they won't, and should not, get away with trying to make him leave because he was wearing that shirt.

[Domestic Church]

"I'm betting the guy was also wearing no pants. "

ROFLOL! That would warrant tossing his butt out to freeze but they might let him have the option of buying some snow pants.

[Illbay]

He bought the T-shirt at a mall store. Care to modify your diatribe?

[Calpernia]

There has got to be more to this story. I don't believe this article.

[TLBSHOW]

Downs is the director of the Albany Office of the state Commission on Judicial Conduct, which investigates complaints of misconduct against judges and can admonish, censure or remove judges found to have engaged in misconduct.

From the story.......

[EggsAckley]

Yes, DO CALL them. What do you wanna bet it had something like "F*** Bush" on it as well.


Please let us know what you find out.

[TLBSHOW]

"I was in the food court with my son when I was confronted by two security guards and ordered to either take off the T-shirt or leave the mall," said Downs.

When Downs refused the security officers' orders, police from the town of Guilderland were called and he was arrested and taken away in handcuffs, charged with trespassing "in that he knowingly enter(ed) or remain(ed) unlawfully upon premises," the complaint read.

From the story........

[dead]

Sounds like an out-of-work lawyer looking for a score.

If his story is accurate, it's an outrage, but I don't believe it for a minute.

[HighWheeler]

You may want to read an interesting court decision on "free speech" done at a mall:

http://www.westbuslaw.com/cases/protesting_fur.html

[MississippiMan]

There has got to be more to this story. I don't believe this article.

Me either. There's something we don't know. Some reason other than the tee-shirt as to why this guy was asked to leave. Bet a dozen Krispy Kreme donuts on that. The hot ones, just cooked, with the sugar glaze still soft.

MM

[chudogg]

Even though this guy is a lawyer and a peacenik idiot.... this is CRAZY

So then the next time someone is trespassing on YOUR property after telling them to leave, i assume the police should do nothing?

I once kicked a kid out of my apartment for wearing a Che Guevara T shirt, i suppose he was just practicing his free speech rights and he should be allowed to stay on my property without my permission then huh?

[Timm]

A mall is a place of public accomodation. If all the guy was doing was wearing an article of clothing that he purchased in the mall, they won't, and should not, get away with trying to make him leave because he was wearing that shirt.

No kidding. Too many people on this thread are confusing what they think the law should be, i.e., the mall has a property right to exclude who it likes, with what the law is. And the law is that that guy can wear that shirt in that mall.

What the mall did is the last thing patriotic people should do. One stupid incident like this and liberals all over the country will start believing their adolescent fantasies about being persecuted for their "beliefs" are coming true.

[Illbay]

Keeping in mind that his WAS an attorney, and that he IS apparently a lefty, I'll reserve judgement on this story.

I agree with those here who insist there must be more to it than meets the eye.

[Calpernia]

I missed that part. So I smell a rat. He is setting someone up, you think?

[tuckrdout]

How could I support it, if I don't buy anything in the store? I support their right to do what they want. But, they wouldn't get my business. This lawyer can just go to another mall if he doesn't like their policy.

I support a mall who wishes to support our troops!

[Jubal Harshaw]

The right of free speech, and it's derivatives (free wearing of t-shirts, etc) in places of public accomodation (malls, theaters, etc) is well settled law in most states. Simply put, a business that allows members of the public in can't discriminate against the public on the grounds of political orientation.

Here in California, in fact, a private business that allows the public in can be REQUIRED to allow political activists to hand out flyers, make political arguments, etc on thier property. This isn't as bad as it sounds: the people can be kept outside in the parking lot, placed so that they don't interfere with business, required to operate in an unobtrusive manner, etc. A private business is NOT required to to allow activists, or anyone else, to interfere with thier business in any way, but only to allow people to make thier views heard.

[AppyPappy]

I call BS. Something doesn't sound right about this. Especially since it was a lawyer

[smalltown]

A little more info here:
http://www.boston.com/dailynews/063/region/Man_charged_with_trespassing_a:.shtml