Theos-Talk Archives (March 2003 Message tt00096)

Steve Stubbs wrote:
> In fairness, it should be said that the fellow was on private 
> property when he was arrested, and he was arrested for refusing to 
> leave when asked, not for wearing a T-shirt.
And, when the wheels of justice are through, the guilty parties WILL be 
punished; in particular, the mall and its management. Freedom of speech 
is a right of the people in America, and a limitation on government. But 
it is NOT a limitation on private entities, with certain limitations, 
such as "common carriers" and "public accommodations."

A mall, while private property, is also what is called a "public 
accommodation." A government page on the Americans with Disabilities Act 
defines a public accommodation in layman's terms as: "A public 
accommodation is a private entity that owns, operates, leases, or leases 
to, a place of public accommodation. Places of public accommodation 
include a wide range of entities, such as restaurants, hotels, theaters, 
doctors' offices, pharmacies, retail stores, museums, libraries, parks, 
private schools, and day care centers. Private clubs and religious 
organizations are exempt from the ADA's title III requirements for 
public accommodations."

By making private property a public accommodation, the property owner 
gives up some rights. For example, the owner cannot exclude people due 
to race, skin color, religion, national origin, disability, or a host of 
other reasons (in most areas, for example, sex).

A dress code IS permissible in a public accommodation, but it cannot be 
used to get around the above rules of discrimination (for example, you 
cannot throw out someone who has no feet because they're not wearing 
shoes; you cannot throw out a Hasidic Jew or an Amish man because he has 
a beard, etc.). However, it must be clear, and equally enforced. In the 
particular case in question, this clearly did not happen; the man and 
his son were thrown out for wearing T-shirts that were purchased in the 
mall, and were singled out for arbitrary reasons (as a reason but 
certainly not as an excuse, several days earlier, there was a 
demonstration at the mall several days earlier by people wearing similar 
T-Shirts who were physically blocking entrance to the stores).

Bart Lidofsky