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.

[Restorer]

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

[ALASKA]

Sounds like left-wing dis-information or BUNK to me.

[Domestic Church]

Now this is scary...if it really happened as it is written here. I'm wondering whose face was on that T-shirt!

[jra]

Don't care for his pacifist attitude, but wearing the shirt is his right.

I'd be more worried about the rotten kids with four-letter words on their clothing, and I see plenty of that.

Beyond that, security guards invariably are cop wannabees...I'd tell them to take a hike, too.

[EggsAckley]

The mall acted stupidly, but within their property rights

Yes.....but what about the store that sold it to him? Shouldn't they roust the store owner for displaying the shirt?

[TLBSHOW]

I thought it was from the onion but I new I hit Abc news.

[Gordian Blade]

This is bizarre. I go to Crossgates Mall often. Believe me, there is no dress code of any kind and I've seen all sorts of "message" shirts. There's more to this that we haven't heard.

[EggsAckley]

I'm with you. This story doesn't pass the smell test.

[StolarStorm]

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

[tuckrdout]

Private property rights....sorry dude! A mall is all private property....and if it is the Mall's policy to support our troops, then I say good for them! If I lived there, I would shop for everything in that mall!

[colorado tanker]

This feels like a story with some facts missing. I'll wait before forming any opinions.

[Illbay]

Any business owner should have the right to decide who is on his property.

No, you're wrong. Certain places of "public accomodation" may not refuse entry by people on spurious grounds.

By your standards, you can refuse service to a black man based on his skin color.

They were wrong to do this no matter how much we might disagree with the "peace T-shirt" (or with lawyers, for that matter).

How many times have we read complaints here on FR, about bookstore clerks refusing to display or sell books by prominent conservatives such as Ann Coulter? Let's not be hypocrites.

[Illbay]

Could be.

[PackerBoy]

This case may not be as simple as it might seem at first glance.

If the law finds the mall to be private property, then the owner was probably within its rights to ask him to leave (through the private security guards). His refusal to do so may have constituted a trespass and grounds for criminal charges.

However, if the mall is found to be public property, then this could be tanatmount to a violation of the lawyer's free speech rights.

[Rightwing Conspiratr1]

We're missing a piece of critical information here. I'm betting the guy was also wearing no pants.

[TLBSHOW]

Tomorrow I am going to try and call the guy and see if there was anything else on the shirt besides the words Give Peace a chance. I shop at that Mall a lot too! I don't know what to think about this one.

[Illbay]

I'd be more inclined to bar him from that mall based on his being an ATTORNEY than his wearing the T-shirt.

[Gordian Blade]

I'm replying to myself. Of course you have to be dressed at Crossgates, but nobody in charge there cares what your T-shirt says. I'm willing to bet that he got into some kind of heated argument with another patron and they were both asked to leave.

[Palladin]

Gotta love those people in upstate New York! They are patriots right down the line.

Hope the jerk/peacenik gets a nice fat fine for not complying with the request of the mll security.

Ever notice those signs at Malls--"No soliciting. Private property"?

Guess the lawyer/jerk never noticed them either.