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Rich
Collins' arrest
last month for handing out campaign flyers in the parking lot of the
Shoppers World mall has generated much discussion. Is it private property,
as the mall management contends?
The Rutherford Institute is
a conservative civil liberties organization and think tank that provides,
in their words, 'free legal services to people whose constitutional and
human rights have been threatened or violated.' We learned the other day
(from Rich Collins) that John Whitehead, founder and president of the Institute,
was on his side in the controversy. So we called and spoke with Mr. Whitehead,
on June 9. Here are some of his comments, lightly edited for continuity.
- There have been cases--back in the '40s, for instance--where the Supreme
Court dealt with this. Big corporations had bought up entire towns, so
the whole place was private property, and exceptions had to be made, at
that time. [The Court ruled] they had to be accessible to other viewpoints.
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- And I think it's an even better issue in a mall parking lot.
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- In fact I was in Whole Foods the other day [same parking lot as Collins'
arrest] and there was group of kids -- it might have been as many as ten--sitting
and playing guitars and singing--it was very nice, it was kind of like
the '70s--and nobody said anything to them. No one drove them off. They
were still there when I left. What's the difference with Rich Collins handing
out flyers? ... In my opinion, [the Mall management] can't discriminate.
This is a public venue, like a street. Would they say I can't drive through
if I'm not going to shop there? [But see box, below].
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- And look at the future--mega-corporations will own more and more property,
and [the line between public and private] will become an increasing issue
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- What Collins was doing is pure political speech. I hope the courts
will recognize it as protected by the First Amendment.
Actually, you cannot legally cut through a mall parking lot--or a gas
station or someone's lawn--if your intention is to evade a traffic signal.
Here's the law:
§ 46.2-833.1. Evasion of traffic control devices.
- It shall be unlawful for the driver of any motor vehicle to drive off
the roadway and onto or across any public or private property in order
to evade any stop sign, yield sign, traffic light, or other traffic control
device. (1993, c. 117.)
According to Officer McCall of the Albemarle County Police, there's an
awful lot of discretion involved ."We'd have to be able to show intent.
For example, someone driving north on 29 toward Rio Road, and there's a
big backup so they cut through the gas station there on the corner. That
might be a clear case."
But a mall parking lot is private property, in the view of the police.
"We could go after a DUI or reckless driver, that kind of thing, but
other than that, we're limited in what we can enforce." |
(Dave Sagarin, June 10, 2005)
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