Archived posting to the Leica Users Group, 2003/03/05
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Rolf, Ernest etc. In reference to public access; I recall that here in California a publicly accessible place is permitted to stay private by having it closed for X number of days per year. Do you think a shopping mall would be willing to be closed for a day, just to be called private? When I lived in downtown La Jolla, I recall that the common alley behind my apartment was closed for one day per year and patrolled by Rent-A-Cops to prevent access. I was not permitted to drive my Porsche out of my garage on those days! Jerry Rolfe Tessem wrote: > Ernest Nitka wrote: > > Amilcar - with all due respect what happened at a private Mall is just > > that - if the facts are as stated it was stupidity on the part of some > > idiots looking to impose their view on this father /son - this is quite > > another thing to start calling the USA a police state. Also there is > > always the possibility that the facts of the case are wrong - i.e if the > > pair in question were attempting to have a pro-peace rally in a private > > Mall they should've been escorted out of the building. > > > > ernie > > The facts of the case as reported are correct -- this is a local story > for me here in the Berkshires in western Massachusetts and it has been > extensively reported on local radio and television today. Obviously, it > was an overreaction by the mall management, but what has created the > climate that encourages such overreaction? > > Ironically, so many local residents were so outraged by the mall's > action that a couple hundred showed up at the mall today wearing tee > shirts with similar messages. This happened earlier today and as far as > I know, nobody was arrested. I think the mall learned its lesson on bad > publicity with the first incident. > > Also, malls may not be as completely private for the purposes of free > speech as the owners contend. There have been some interesting court > decisions relating to this. The one that comes to mind involves the land > that the Mormon Church owns on downtown Salt Lake City. It is a common > area that people use every day, but the church attempted to control > speech on the property. They lost their case but I think it may still be > working its way through the appeals courts. > > The court basically took the attitude that if it walks like public > space, and talks like public space, then it must be treated like public > space for the purposes of free speech. > > Rolfe > > -- > To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html - -- To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html