Shopping Malls and the law

[Zack!]

Throughout most of the USA, Shopping malls have pretty much replaced the town square, meaning that busking is pretty much ipossible throughout most of the country, except with the permisson of the owners of the mall.

It occurs to me that one could make a pretty good case that the defacto privatization of public space represents a violation of the first ammendment. In other words, a brave and hardy soul could sue a mall for refusing to let him perform. (My understanding is that the petitioners in malls are the result of a similar lawsuit.) This would set up a precendent that would give us all new performance venues.

Anybody know anything about the legality of this?

--Zack

[Peter]

[quote]Originally posted by Zack!:
<strong>Shopping malls have pretty much replaced the town square, meaning that busking is pretty much ipossible except with the permisson of the owners of the mall.

It occurs to me that one could make a pretty good case that the defacto privatization of public space represents a violation of the first ammendmentAnybody know anything about the legality of this?

--Zack</strong><hr></blockquote>

Major problem with your idea. It is a good Idea except that malls are private property. A mall owner can ask you to leave if he doesn't like the way you are dressed and it is perfectly legal.

Years ago, during the late 60's and early 70's Walt Disney actually refused to allow customers into Disneyland because they had long hair, beards, or the women wore "granny" dresses. Well the American Civil Liberties Union (ACLU) sued the Disney people and LOST. The court said Private property has rules and we all must follow them for "the safety and order of all."

Peter