While my sartorial focus is generally on the courtroom, today we venture outside to that most American of venues, the mall food court.  “What?” you exclaim!  Am I not allowed to dress as I please at the food court?  Well, no.  And while this applies to all people, it’s particularly important for lawyers, since this fashion faux pas has dire consequences.

As told by Newsday,  

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.

Tacky, tacky.  The owner of the Smith Haven Mall, Simon, is all about happiness.  Happy people buy stuff.  And Simon wants happy people at its malls.  When Zirkel, together with a small group of geriatrics, stopped at the food court for a hot cup of joe and a nosh, their shirts did not make people happy.  Their shirts made people unhappy.  Simon was not pleased.

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.

Remove their shirts?  That could have causes some serious unhappiness too.  I wonder if the security people thought that one through.

Today, the respective sides have  letters to the editor published in Newsday.  The manager of the mall had this to say:

The mall’s corporate parent, Simon, has a policy — and right as private property owner — not to allow protests or demonstrations of any kind to take place on mall property regardless of the topic. In keeping with our code of conduct, mall management notified the indoor protesters that their behavior was in violation of mall policy. For the most part, they complied and left the property.

Unfortunately, Zirkel insisted on continuing to rally inside Smith Haven Mall by handing out pamphlets and interacting with patrons in the mall’s food court, despite being asked repeatedly to stop. He refused to leave the property when requested. At that point, Suffolk County Police arrested him.

Sounds like Deacon Zirkel was asking for it, bucking those nice requests to keep his protests out of their happy food court.

But then Nancy Dwyer, one of the people who was actually present (Note to Simon: People with actual knowledge know more than people who have powerful mall positions), describes the incident differently:

I was one of the four Pax Christi Long Island members in the Smith Haven Mall food court Saturday when Deacon Don Zirkel was dragged away by officers.

The T-shirt he was wearing had no obscenities, issued no threats, railed against no elected official, endorsed no candidate. It simply stated a tragic fact on the front: “4,000 U.S. Troops. One Million Iraqis. Dead.” And on the back, it said, “Enough!” and had three blood-colored splotches.

The four of us, senior citizens all, wore these T-shirts as part of a demonstration we had been in on Route 25. We’d gotten cold; we went inside to get some coffee. A hot dog and french fries were afterthoughts.

Eight mall security officers surrounded our table and ordered us to take off our T-shirts or leave. Why? Because they can. By law, the mall owner has all the rights. You have none, only those the mall owner wishes to grant you.

Dwyer goes on to note:

It used to be that every town had a town square where people would gather, stroll, meet friends, discuss important issues of the day. Now people gather, stroll, meet friends – and discuss shopping.

Is it any wonder Americans’ attention is so focused on shopping and so out of touch with the war?

And there’s your problem in a nutshell.  This woman is old, old, old.  She doesn’t have to look good.  Is it any wonder that mall security was incensed?  The mall should be a place of beauty, within the limitations of whatever goods are currently for sale by its tenants.  And let’s face facts, senior citizens just don’t do enough shopping to count.

And so, I implore you to think carefully about your attire before venturing out to the mall food court for a fine dining experience.  The dignity of our profession is counting on you.



Shamelessly stolen pic from David Tarrell shows that even the Marines recognize the importance of shopping.  That’s what they’re fighting for, so if you love our country and respect our fighting men and women, then show your patriotism where is counts! And dress appropriately!