0 votes

Police arrest anti-war protester, 80, at mall

An 80-year-old church deacon was removed from the Smith Haven Mall yesterday in a wheelchair and arrested by police for refusing to remove a T-shirt protesting the Iraq War.

Police said that Don Zirkel, of Bethpage, was disturbing shoppers at the Lake Grove mall with his T-shirt, which had what they described as "graphic anti-war images." Zirkel, a deacon at Our Lady of the Miraculous Medal in Wyandanch, said his shirt had the death tolls of American military personnel and Iraqis - 4,000 and 1 million - and the words "Dead" and "Enough." The shirt also has three blotches resembling blood splatters.

Police said in a release last night that Zirkel was handing out anti-war pamphlets to mallgoers and that mall security told him to stop and turn his shirt inside out. Zirkel refused to turn his shirt inside out and wouldn't leave, police said. Security placed him on "civilian arrest" and called police. When police arrived, Zirkel passively resisted attempts to bring him to a police car, the release said.

But Zirkel said he was sitting in the food court drinking coffee with his wife Marie, 77, and several others when police and mall security officers approached and demanded they remove their anti-war T-shirts.

http://www.newsday.com/news/local/nassau/ny-liwar305631629ma...



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Well, let's see

He was on private property but on private property that is considered a public place. That differs from a private property that is not a public place like a home. Because of the public place issue, First Amendment Freedom of Speech applies, and the cops and the rent-a-cops were out of line. This guy has pertty close to a slam-dunk lawsuit against the mall and the cops.

AGREED

But this is the new america.

Correct me if I'm wrong, but. . .

it was my understanding that a "civilian arrest" could only take place if a felony was taking place or about to take place. I can place you under arrest if I witness you hitting your neighbor in the head with a baseball bat but not for graffiti or tearing the tags of your mattress.

How is this different for mall security guards? What right did they have to physically detain him while waiting for the police?

________________

Good luck to us all,

Lisa C.

www.women4ronpaul.com

Ron Paul "Sign Wave Across the USA" -- November 5th!

The U.S. Constitution ...

cannot be suspended by private fiat.

Join PyraBang the peoples search engine.

Subsidy or Abridgement?

The U.S. Constitution prohibits FedGov from restricting our freedom of expression; it does not require me to pay for your megaphone.

Viva Agora!
Professor Bernardo de la Paz
www.citizenduquesne.org

dynamite anthrax supreme court white house tea party jihad
======================================
West of 89
a novel of another america
https://www.smashwords.com/books/view/161155#longdescr

Progessor Berna

That is a silly response. Please try again.

Join PyraBang the peoples search engine.

I think a mall is considered a public venue

I think a mall is considered a public venue where a person's rights are not suspended at the door. Just as resturuants are often privately owned, they still cannot deny to serve people because of their race. In this case I think the person arrested had a right to wear the clothing of his choice and would be covered under the right of expression.

We Reserve the Right to Refuse Service

Ever seen that sign in a "public" restaurant? The full text is usually something like "We Reserve the Right to Refuse Service to Anyone, at Any Time, for Any Reason." If the restaurateur is foolish enough to refuse to seat Negroes or the Irish (to pick on only two of my many ancestral groups), then he faces the scorn of the rest of the public and will likely go out of business, but it is nevertheless his right to do so. Likewise the owners of the mall can decide the use of THEIR property.

Either we believe in the institution of private property or we do not. Pick a side of the issue and be on it.

Viva Agora!
Professor Bernardo de la Paz
www.citizenduquesne.org

dynamite anthrax supreme court white house tea party jihad
======================================
West of 89
a novel of another america
https://www.smashwords.com/books/view/161155#longdescr

You might want to check your case law

on the ruled definitions of public/private space. Plus when companies are public corporations, they serve at the public's will and within that definition they also have to operate under the laws that govern public rights.

Gentlemen Must Wear Ties

Many venues enforce dress codes. Are they violating my freedom of expression because I don't want to wear a tie (or pants)?

Viva Agora!
Professor Bernardo de la Paz
www.citizenduquesne.org

dynamite anthrax supreme court white house tea party jihad
======================================
West of 89
a novel of another america
https://www.smashwords.com/books/view/161155#longdescr

To be fair...

...this took place on private property. That's the salient issue.

Does this guy (or anyone) have the right to protest, wear clothing with slogans, etc.? Sure. But if we don't respect the concept of private property, then we're as doomed as the neocons wish us to be.

That being said...yeah, there are a number of commenters there kind of blindly siding with police...encouraging violent acts against the protesters and such...yecch.

Had the protesters moved to a public sidewalk, there is nothing anyone could (legally) do about it.

I disagree. The enforcement

I disagree. The enforcement of the "protest" seems to only go one way. I see military recruiters in the malls and schools, trying to put a pretty image on war and service.all the time.

Agreed on that point...

it was, after all, a private property issue. It was the reactions in the comments section that got me.

I've been ejected from a Wal-mart for a TShirtHell shirt that was questionable, to say the least. I didn't bitch about it, it was thier right.

~Live life to its fullest, with an open heart, open arms and most important... an open mind~

The REAL scary part

is reading the comments there.. a lot of people are siding with the police.. blah.

~Live life to its fullest, with an open heart, open arms and most important... an open mind~