Flags and Fur Fly in Southern Shopping Mall Dispute

Washington Post, Associated Press, others ^ | 01/08/03 | billhilly

[billhilly]

Several days ago a thread on this topic generated nearly 500 responses. It regarded the Christmas closing of a mall kiosk selling T Shirts bearing art work over the flag of the Confederacy. As you might imagine, in the past few days the conflict between Dixie Outfitters, an Odum, Georgia company and supplier to the kiosk that was closed in a mall in Mobile, Alabama, and the Corporate Mall giants CBL & Associates Properties, of Chattanooga, Tennessee and Colonial Properties Trust of Birmingham, Alabama , both publicly traded companies on the New York Stock Exchange, and responsible for the Mobile Mall closing, has heated up.

[billhilly]

Facing new closings in rapid succession throughout the holidays, Dixie Outfitters owner, Dewey Barber fired off letters to the CEOs of the firms, and put them on notice of what action is to come.

"Recently, a legally and socially unjustifiable policy of CBL & Asociates and Colonial Properties Trust has caused material current and future financial damage to my company and vendors who purchased my products. Just before Christmas, we were informed that agents of CBL and Colonial caused the terminination of occupancy contracts of vendors in malls controlled by both companies. We are also informed that this policy has been involked in the New Year as well. The stated singular reason given the vendors was that they offered for sale T shirts of Dixie Outfitters that had the flag of the Confederacy on them."

"In addition to such policy being in violation of constitutional protections, statutory prohibitions and common law precedents established in case law in state and federal courts, including the overt malicious interference with legal commerce, the action of CBL and Colonial was clearly discriminatory in that other stores and vendors in the same malls sold T shirts and other items with the flag of the Confederacy on them."

"The action of CBL and Colonial has caused a significant loss of income for my company and the vendors during the highest sale period of the year as well as immediate unemployment for many men, women and young people. Future income is also at issue as we are informed that CBL and Colonial refuse to renew any of the contracts of the vendors."

Fulfilling a promise made to his vendors, Barber stated in the letters, "This communication is to formally demand an immediate cessation of this illegal policy by CBL and Colonial and, further, to demand recompense for past and future financial losses suffered by the vendors and my company. Be assured that the vendors and my company will seek all available legal remedies to correct this reprehensible policy with full disclosure to the public regarding such inexcusable and illegal corporate action."

[Poohbah]

"In addition to such policy being in violation of constitutional protections, statutory prohibitions and common law precedents established in case law in state and federal courts, including the overt malicious interference with legal commerce, the action of CBL and Colonial was clearly discriminatory in that other stores and vendors in the same malls sold T shirts and other items with the flag of the Confederacy on them."

The contract probably gives the mall owners the discretion to terminate the contract for any reason.

[Hugin]

The contract probably gives the mall owners the discretion to terminate the contract for any reason.

On what do you base your assumption? I doubt that any business would sign a lease allowing the leasor to terminate the contract at it's discretion. You couldn't operate a business on that basis. The idea that it is probable is even more far-fetched.

[Poohbah]

On what do you base your assumption?

On having known people who operate shopping mall kiosks.

I doubt that any business would sign a lease allowing the leasor to terminate the contract at it's discretion.

Well, they have two options: sign the lease, or don't get the space in that mall.

[billhilly]

Check out this article and you will see the cause.

http://www.freerepublic.com/focus/news/819222/posts

[Poohbah]

Circular linking is kinda silly.

[billhilly]

OOPS! Let me try that again.

Follow this link and see why. http://news.google.com/news?hl=en&q=dixie+outfitters&btnG=Search+News

[Darksheare]

OOOH! A CONFEDERATE FLAG!
That's contraband!
(How many people out there feel the same way about the US flag, I wonder? Or the French Flag, or the UK flag, or the...)

[yarddog]

Given those options, I doubt very many businesses would want to sign a contract with the mall.

[billhilly]

Join in please.

[Poohbah]

Given those options, I doubt very many businesses would want to sign a contract with the mall.

Actually, they do--because the malls generate the traffic past the kiosks.

The mall holds the good cards in this situation, and you can either buy-in on their terms, or you can not sign the contract and not get the high traffic density past your kiosk.

[My2Cents]

Final battle of the Civil War...opps, I mean the "War of Aggression"...fought in the shopping malls of Dixie. Why didn't Sherman think of that?

[yarddog]

There may be different contracts with kiosks than with major stores but I would bet no business of any size would sign a lease which was so one-sided.

[Poohbah]

There may be different contracts with kiosks than with major stores but I would bet no business of any size would sign a lease which was so one-sided.

Yes, the majors (WalMart, Target) get different terms. But the small outfits don't get them.

Life's tough.

[billhilly]

The reason had nothing to do with the contracts. The malls knew what the products were before they allowed the kiosks in. It was the complaints about the products, as well as who was complaining that caused the uproar. Some NAACP folks made it their business to give the business to the vendors. Merry Christmas.

[yarddog]

When I was an undergrad several of us took a field trip down to Mobile along with our instructor. One of the places we visited was, I think, this very same Mall.

We interviewed the manager who was a sharp lady. One thing we noticed was there were virtually no Blacks in the Mall. We asked her if that was one of the reasons the Mall was well away from downtown Mobile. Of course she stated that they in fact encouraged Blacks to shop there. After several minutes of questioning, one of the students, (btw his name was Barry Diamond who has appeared in several movies)finally got her to admit that they did try to appeal to the more affluent shoppers.

That was nearly 30 years ago. I wonder if they are still afraid of the same questions.

[Poohbah]

The reason had nothing to do with the contracts. The malls knew what the products were before they allowed the kiosks in. It was the complaints about the products, as well as who was complaining that caused the uproar.

The contract most likely allows the mall to boot the kiosk at the mall's discretion. The kiosk owners have ZERO remedy if that is the case.

[OBone]

I was born just outside Odum. This is one suit I would love to see prsecuted and Dewey win!!

[yarddog]

I have driven through Odum many times. Hard to believe there is a business of any size there.

[billhilly]

Thirty years is a long time and the South, like the rest of the country, has made dramatic changes. I am 65 years old now, so I have lived through much of the racial turmoil of the fifties and sixties. I saw a lot of blacks leave the south and I have seen a lot return. In both instances, I believe they did the right thing.

I believe this country has enough goodness to accomodate everyone, and I hope it has enough tolerence to respect us all.

If I have holes in my jeans, some will think I am fashionable, while others will think I am poor. Unless they know me, though, how can they be sure?