Children are always a handy prop. But from where I sit it seems like just maybe a (union)teacher used them to embarass a non union company on an emotionally charged day. But that is just my take on it.
I think you make some very good points. Just because Wal-Mart is a public company in that the general public is welcome to come shop there, it is not in any way a public space as in a space that is owned by the public to be used as a public space, a public square as it were its still private property. Wal-Mart or Average Joes Pizza Shop for that matter are in the business to do business to make money and its well within their rights to refuse entry and access to anyone or any group for any reason at any time if that group distracts them from their primary purpose of doing business and at their discretion.
Even if this group had prior permission, it would have been a common curtsey and common sense to re-confirm that they still had permission and to at the very least let the manager on duty know that they were there and what they were going to do and why, giving the manager on duty some documentation that they had gotten prior permission.
This whole flash mob thing has, IMO gotten way out of hand. Even if the flash mob is doing something I would absolutely support in my place of business, like a 9-11 tribute or Christmas Caroling, or a sappy marriage proposal flash mob, just showing up unannounced and or taking over a place or business or my place of business without engaging me or my manager on duty first, would be IMO, just plain rude and it is IMO trespassing without permission.
Ive been involved in several not for profit groups BTW and weve gone to stores to ask and have been granted permission to set up in front of their stores or on in their parking lots for fund raising cookie sales (Girl Scouts) - popcorn sales (Boy Scouts) car washes (High School Bands) for instance. But Ive always made sure to, even if we had prior permission from the owner or the general manager, to introduce myself to the manager on duty first, before setting up, letting him or her know that I and my group was here and why and making sure that our presence was still supported and OK.
You would think that the person in charge who gave us permission in the first place would have communicated this, but as Ive learned all too often never assume anything. It would only take a few minutes to introduce myself and my group to the manager in charge, smile and smooze a little first, make sure that there wasnt any miscommunication and if there was, resolve it or just come back another day. And if the manager on duty treated us poorly, acted like a d!ck, Id let the owner or general manager know, but I wouldnt set up where I was told I and my group was not welcome, especially where kids are involved.
As far as I’m concerned, I’m going to assume free speech is allowed in a place of business until the owners tell me otherwise. The idea that singing is “trespassing” is ludicrous. Lighten up. It’s also totally different from you selling a product on store property. Warnings against solicitation on store property are typically posted. I haven’t seen any warning signs against singing yet. Yes, they can ask you to leave at anytime for any reason, and if you don’t comply it’s trespassing, but until that happens, I’m going to feel free to sing in the store.