George,

While Albemarle County Circuit Judge Paul M. Peatross, Jr., hearing the case on appeal from General District Court, found Richard C. Collins not guilty of trespassing when he distributed leaflets outside Whole Foods at the Shopper's World shopping center in Charlottesville, VA, defenders of free-speech do not take comfort in this decision other than being pleased that Collins was acquitted of trespassing charges. The decision does not bring finality to their resolve for protection of their free-speech. Judge Peatross noted that Collins had a lack of criminal intent when he distributed one-time leaflets at this shopping center that justifies him acquitting Collins. He also emphasized that this does not grant Collins permission to distribute campaign literature on private property.

In October 2005 Collins had been represented in the General District Court by attorneys Steven D. Rosenfield and R. Frazier Solsberry. In that trial Judge Stephen H. Helvin said that he personally believed free-speech rights trumped private-property rights but that the Supreme Court of Virginia had said that private-property rights prevail. He convicted Collins and ordered him to pay a $50.00 fine.

On appeal, Judge Peatross heard arguments last month from Deputy Commonwealth's Attorney Richard E. Moore and Collins' lawyers, who said that Collins believed he had a legal right to pass out literature at the shopping center. They argued that intentionality is a prerequisite for a trespassing conviction.

In the meantime, notwithstanding his acquittal, Collins has filed a civil suit that is headed for the Virginia Supreme Court on appeal.

In my article, "Protect Citzens' Free-Speech Rights" that appeared in The Daily Progress (August 31, 2005), focusing on Collin's arrest, I stated that shopping centers should not be designated as private property but as "property in common," that property rights must not be allowed to trump human rights, and I called upon "Virginia legislators to enact legislation that would safeguard citizens' First Amendment free-speech rights. With this development I want to renew my call to legislators and to those who can influence Virginia legislators to do the right thing. The decision Judge Peatross rendered in this case demonstrates the need for citizens to pursue the protection of free speech in Virginia's legislature. I again call upon politicians in Virginia to enact legislation that will protect citizens' free speech rights in shopping centers and similar venues that are financed by consumers.

As many of us express our gratitude that Collins was acquitted, let us continue to support him while he awaits the outcome of the civil suit he filed against Shopping World with the Supreme Court of appeal in the awareness that his fight is our fight, and his victory will be our victory.

Collins, many Virginians join with me in a salute to you.

Uriah J. Fields (electronic mail, October 31, 2006)