Subject: Parking Lot Incident Date: Sat, 19 Jan 2002 14:03:30 -0500 From: "Anthony R. Stanziola" Organization: C.D.C. Ministry To: info@lehighvalleymall.com Hello, This e-mail is addressed to the mall security and please forward a copy to the president of the corporation and/or the board. INCIDENT: On this date, 01-19-2002, while at the Lehigh Valley Mall, I was posting small flyers (size 4x8 inches) on several vehicles parked in the parking lot near the entrance of Ruby Tuesday's Restaurant. While doing so, one of your security officers pulled up and asked me what I was doing. In part, he requested that I remove them. I complied. He also asked for one of the flyers. I complied. (The story is already posted on my web site, direct link: www.hazleton.net/~phinehas/lvmpolice.htm. 1. Can you please explain what he was talking about or making in reference? If there is some law, ordinance, company policy, or something to that effect, can you please send me written notification, such as its specific identifier? This way I can research the matter myself and check for any case-law that might apply. 2. While at your mall, this date, I completed the expectation of my presence, that of consumer, and purchased merchandise from one of your vendors. As for the flyer in question, I was not soliciting for money, nor was I seeking for people to become a member of anything or for them to shop someplace else. Simply, to make the public aware that a web site exists, containing specific information. 3. Random Questions: (a) Does the Constitution stop at the mall entrance? (b) Does it cast a shadow over the mall area? (c) If I had the same information on a shirt I was wearing, would your security compel me to remove my shirt before entering the mall proper? (d) Must citizens surrender their rights, even temporarily, upon the assumed expectation of need so they can consume or purchase merchandise? Thereby making the whole transaction a privilege? (e) With all due respect, is your mall, by form, function and application, equal to a commissary store inside a prison? 4. Argument: (a) Several weeks ago, while leaving your mall, I was confronted with unwanted solicitation, as a certain group of people, hindering the general flow of traffic and distracting those operating vehicles, (thereby libel if an accident took place) were standing near one exist and/or on the medium strip, as cars had to stop for a red light, approached the procession of vehicles seeking donations holding make-shift containers. While so doing, walking in between the vehicles. (b) I did not see any posted sign that restricted my actions, such as posted signs clearly marked that people entering the mall proper are not allowed to smoke. (c) It is an excepted part of common law that such action, as posting flyers, is not only tolerated but legal. (d) The vehicles were not owned by the parent corporation, direct or indirect. 5. More Random Questions: (a) Am I allowed to freely converse with other customers while at the mall? (b) Did your agent commit an act of censor, violating my right to free speech? (c) I can see the need for security personnel to patrol the parking lots, hoping to prevent criminal acts such as vandalism, breaking and entering or other such things as muggings and so on. (e.g., I would be thankful if one of your security personnel thwarted an attempted break-in of my vehicle.) 6. Argument: If it all comes down to his statement, "You're not allowed to post things..." I have another question: During the holidays, I observed customers entering your mall proper, carrying bags that displayed logos of stores that conducted business outside your complex. Indirectly, were these customers posting notice that they were shopping for better deals at your competitors? To be fair and non-discriminatory, should your security personnel request customers to hide any notice that would give free advertisement to your competitors? (What's next? You have a McDonald's store at your mall. Would a customer be censored for walking into the mall wearing a Burger King shirt?) 7. More Random Questions: (a) If your security personnel observed one customer handing a business card to another, would they intercede and say, "You're not allowed..."? Would you instruct your personnel to that effect? If you would say "no", then I see very little difference doing the same, indirectly, by handing them a business card via leaving one, placed under a windshield wiper. 8. For the record: The flyer pertains to Children & Youth. Upon their written instructions, I was to meet my daughter at your mall. There is nothing that could even be considered "offensive" or "vulgar" on the face of said flyers. (That's not to say that the web site could be considered controversial.) But then that would be upon the free act of the person to seek out what the web site contained. 9. More Random questions: (a) By the way, how many people who are employed at your mall have adopted children? My web site pertains to, what I consider, certain issues hoping to reform the matter. Hypothetically speaking, was your security personnel summoned by Children & Youth, as an act of collusion, to help conceal questionable practices? I suggest you look at the web site. (b) I belong to a certain union. Would your personnel try to censor me if I approached employees who may be interested in forming a union at the store where they work? Prompted by a shirt I would be wearing, saying in effect, "Unions Protect Employees"? Would your personnel ask me to remove my shirt? 10. Can you please send me a written response? Sincerely, Anthony R. Stanziola (One Highland Village) R.R. 1 Box 1275 Freeland, Pa 18224