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Working Families Vote 2008

80-Year-Old Church Deacon Arrested for Refusing to Remove His Anti-War T-Shirt

Posted by GottaLaff , Cliff Schecter's Blog at 3:09 PM on March 31, 2008.


Good lord, he sounds dangerous. Hide the kids!
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Broken Glass
DCap DistributorCap

Bipartisan Concern About the Dangers of McPalin’s Hate-Mongering
Emptywheel Firedoglake

Stock Market Drops 107 Points During Bush's Speech on the Economy
Amanda Terkel Think Progress

He's 80, but he was wearing the wrong tee shirt. One must never wear the wrong tee shirt. That's just unacceptable. Especially if one is at the mall:

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.

That is disturbing! Especially if you're one of the 4,000 Americans or 1,000,000 Iraqis who died.

Police said in a release last night that Zirkel was handing out anti-war pamphlets to mallgoers and that mall security told him to stop and turn his shirt inside out. Zirkel refused to turn his shirt inside out and wouldn't leave, police said. Security placed him on "civilian arrest" and called police. When police arrived, Zirkel passively resisted attempts to bring him to a police car, the release said.

Good lord, he sounds dangerous. Hide the kids!

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.

Drinking coffee? In an anti-war tee shirt?? What do you want to bet he was not wearing a flag pin?!! Don Hussein Zirkel, this'll teach you not to dissent! America's not about that! America's about nodding in agreement and saluting the Chimpenfuhrer.

The others complied, but Zirkel said he refused, and when he wouldn't stand up to be removed and arrested, authorities brought over a wheelchair. "They forcibly picked me up and put me in the wheelchair," said Zirkel, a deacon at one of the poorest Catholic parishes on Long Island, where a devastating fire recently destroyed the rectory and storage areas.

Zirkel was charged with criminal trespassing and resisting arrest. He was released on bail.

Good! And I hope they refused to read him his rights, too! That... that... tee shirt-wearing, passive, elderly, coffee-loving traitor!

Digg!

Tagged as: iraq, anti-war, civil liberties, zirkel

GottaLaff is a regular blogger for Cliff Schecter's Blog


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Also in PEEK
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This is no doubt one of the ugliest periods in American political history.
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"I accuse you of deliberately feeding the most unhinged elements of our society the red meat of hate ..."
Post by Emptywheel. October 10, 2008.		 Stock Market Drops 107 Points During Bush's Speech on the Economy
That's the kind of confidence Bush inspires these days.
Post by Amanda Terkel. October 10, 2008.

Comments Turn comments off sitewide Give us feedback »
Comments closed.
The comments for this story have been closed. Thank you to everyone who participated. 		View:
Yup, I know just how he feels
[Report this comment]
Posted by: joeunix on Mar 31, 2008 3:14 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I have several T-shirts that are anti-Bush.

Two stand out in my mind as particularly offensive, not only to Republicans but the police, as well.

One T-shirt states,

"Vote Republican. Because personal responsibility is for other people."

That particular T-shirt has the GOP official symbol (the elephant in red, white and blue with stars and a pile of elephant doo-doo on the ground near the elephant's hind quarters).

Another states,

"FUGWB."

(I'll leave the meaning of that acronym to your imagination).

I was harassed by the San Francisco police for wearing the elephant T-shirt at an anti-Bush protest. They told me to remove the T-shirt or they would arrest me on the spot.

So much for "freedom of speech." LOL!

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» Go NAKED Posted by: Cathyc
» RE: Go NAKED Posted by: Suburban Dad
What part of Civil Disobedience Don't YOu Understand
[Report this comment]
Posted by: EncinoM on Mar 31, 2008 3:20 PM   
Current rating: 2    [1 = poor; 5 = excellent]
The mall is private property, as such the pastor is a business guest to the mall, allowed to walk through and conduct business as long as he complies with the rules of the mall. THe mall disagreed with the message on his t-shirt and felt it was not proper for the mall asked him to leave, he failed to leave, once he refuses to leqave he is trespassing. His further refusal is resiting arrest. The mall is private property, there is no 1st amendment right on private property. The mall and police were well within thier rights here. Again legally in the right, but some may object to the moral desicion.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» He is a pastor, Posted by: Cathyc
» RE: He is a pastor, Posted by: EncinoM
» He is a pastor, Posted by: Cathyc
» RE: He is a pastor, Posted by: EncinoM
» RE: He is a pastor, Posted by: EncinoM
» Cops and Robbers Posted by: Cathyc
» RE: Cops and Robbers Posted by: EncinoM
» RE: Be fair to EncinoM Posted by: Techubus
Fed Up With Fascists? Email the Mall...
[Report this comment]
Posted by: Tim Brown on Mar 31, 2008 3:43 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Here is the link to email the mall -
https://www.simon.com/mall/feedback.aspx?ID=103

I used to shop there for Christmas. I let them know that they will not be getting my business again. This is not a question of "legal rights" it is about common sense. Apparently, the people running security at the mall think that they can censor someone's opinion if they don't agree with it. I wonder if the old deacon would have been arrested if he was wearing a tee shirt that supported the war? My guess is no...

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» Simon ownes a LOT of malls Posted by: JoshuaLudd
» RE: Simon ownes a LOT of malls Posted by: Suburban Dad
Ya seen one, ya seen a Mall
[Report this comment]
Posted by: Cathyc on Mar 31, 2008 3:51 PM   
Current rating: 3    [1 = poor; 5 = excellent]
right?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

What?!!!
[Report this comment]
Posted by: Cathyc on Mar 31, 2008 3:56 PM   
Current rating: 3    [1 = poor; 5 = excellent]
"That is disturbing! Especially if you're one of the 4,000 Americans or 1,000,000 Iraqis who died."

What? Its physically impossible to disturb the DEAD!

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» Shakespeare Sez Posted by: Artkansas
» RE: What?!!! Posted by: bornxeyed
Reminds me off..
[Report this comment]
Posted by: chuckjs on Mar 31, 2008 4:01 PM   
Current rating: 3    [1 = poor; 5 = excellent]
The big nipple ring controversy at the airport. And like that controversy, this is just another overreaction to a very minor incident.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Fascist freak out
[Report this comment]
Posted by: Rune on Mar 31, 2008 4:08 PM   
Current rating: 4    [1 = poor; 5 = excellent]
It is difficult, and unnecessary, to say anything more revealing about fascists' fear of the simple facts of the illegal war so many of them have been doing their all to support that this story does not convey on its own. Here is a peaceful man, a senior citizen, a pastor no less, sitting in a public courtyard within a mall wearing a shirt that displays a generally acknowledged, adjective-free message of fact: 4,000 U.S. troops and a million civilians are reported to have died (as a result of the war and occupation in Iraq).

He was not misbehaving. He was not damaging property. He was not threatening anyone (other than those who feel intrinsically threatened by the truth of the words printed on his shirt). He was not interfering with the ability of others to peacefully conduct their shopping, eating, or resting in the mall. He was just sitting there, consuming food he bought on the premises, visiting with his friends, and, of course, wearing a T-shirt sporting a message that was almost certainly on display on other days on the front pages of newspapers and magazines sold in the mall, probably described in more emotionally charged language. But we can't have that! No, no, we must keep the truth of this "war" hidden to the greatest extent possible (unless someone is making a buck off of selling their version of the truth).

Too bad New York lacks a state constitution to protect free speech in public commons that private companies have been allowed to develop so long as they make sure that courtyards and plaza's that are pledged to act as public squares during the project permitting and approval process really do serve that function after they are built and open for use by the public. California and a handful of other states have such a provision in their constitutions, as the owners of the Fashion Fair (aka, Fascist Fair) mall in Fresno found out the hard way when they called in about 100 cops to prevent a peace group from spreading a nonviolent message of peace a few years ago.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» Authoritarian freak out Posted by: andabottleof_rum
» RE: Fascist freak out Posted by: bornxeyed
» RE: Fascist freak out Posted by: EncinoM
» RE: Fascist freak out Posted by: bornxeyed
» another thought Posted by: bornxeyed
» RE: another thought Posted by: EncinoM
» RE: another thought Posted by: Suburban Dad
» RE: another thought Posted by: EncinoM
» RE: another thought Posted by: Suburban Dad
» RE: another thought Posted by: EncinoM
» RE: another thought Posted by: Suburban Dad
» RE: another thought Posted by: EncinoM
Civil Acts of Disobedience
[Report this comment]
Posted by: foreverhope on Mar 31, 2008 4:20 PM   
Current rating: 2    [1 = poor; 5 = excellent]
I plan on getting arrested someday for a civil disobedience. Since I have never been arrested I think I can afford it. I am only waiting to get older, really really old like this man, God bless him. I like his style, the wheelchair and the fact he's a minister, are REALLY GREAT touches.

HOWEVER! The other poster is correct, he was causing a disruption in a public mall and the rules of conduct. There are CHILDREN in shopping malls. Rules and laws are there for a reason and are meant for the public's good as well as safety. I would hardly call it facist! LOL, bit extreme!

I can't blame them for having him arrested. In fact folks that is EXACTLY what he wanted! He wanted all of us to know what he is doing and this is the BEST way!

I wish there were a lot LOT more people just like him, willing to bear the expense let alone the bother of being arrested no matter how worthy the cause.

A million of us marching on Washington DC wearing these T-shirts is where we need to be going. A Million March for Peace, has a nice ring to it.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» Yeah, he's 88 years old Posted by: joeunix
» Jesus Christ Joeunix! Posted by: foreverhope
» Calm down, it was a joke Posted by: joeunix
» it was a joke? Posted by: foreverhope
» RE: it was a joke? Posted by: joeunix
» RE: it was a joke? Posted by: foreverhope
» RE: Charity (LOVE)? Real action?? Posted by: foreverhope
» RE: Civil Acts of Disobedience Posted by: bornxeyed
» RE: Civil Acts of Disobedience Posted by: bornxeyed
» RE: Civil Acts of Disobedience Posted by: YogiBear
» RE: Civil Acts of Disobedience Posted by: bornxeyed
» Here is the NY Law Posted by: EncinoM
» RE: Civil Acts of Disobedience Posted by: bornxeyed
» RE: Civil Acts of Disobedience Posted by: YogiBear
» RE: Civil Acts of Disobedience Posted by: foreverhope
Just for reference, her is how a similar matter was ruled upon in New Jersey during the Gulf War
[Report this comment]
Posted by: Rune on Mar 31, 2008 7:11 PM   
Current rating: 5    [1 = poor; 5 = excellent]
The New York Times covered a similar story during the Bush 41's Gulf War against Iraq having to do with anti-war expressions in a New Jersey mall. Because New Jersey's constitution is more protective of free speech, and because the New Jersey Supreme Court recognized that malls like the one in question are taking the place of the old public square, the decision came down on the side of the citizens at the mall.

Free Speech in the Mall

Published: December 26, 1994

New Jersey's Supreme Court ruled on Tuesday that a large commercial shopping mall is the modern counterpart of the village green. It is a place where people can congregate and communicate, the court suggested, and therefore the mall's operators must honor some right of free speech on their nominally private property. The ruling, based on the State Constitution, is correct.

Though denounced as "social engineering" by a losing lawyer, the decision merely recognizes modern reality. Like a company town where the company sets the rules, commercial enclaves are in effect small governments; they must allow reasonable communicative acts by customers and visitors, while retaining the right to set fair terms that govern when and where the right of speech may be exercised.

The court said that people trying to pass out leaflets against the Persian Gulf war three years ago were entitled to some access to the mall's open spaces. But the court also left room for regulations that protect store owners from conduct that could drive away customers. In so ruling, the court made it clear that the malls were not fair game for, say, big parades or loud demonstrations.

Chief Justice Robert Wilentz and his court have often been tagged as judicial activists -- legal adventurers who believe that the courts have as much license to attack social ills as the political process. But here, far from legislating from the bench, the court made a commonplace observation about the way people shop, hang out and use suburban and urban spaces.

What it said is not new or startling. The United States Supreme Court has wrestled with the question for a quarter-century. It ultimately found that no Federal constitutional right was involved, but it specifically noted that state courts, interpreting their own constitutions, might well rule differently.

Courts in California, Oregon, Massachusetts, Colorado and Washington have construed their state constitutions as guaranteeing some free speech rights in shopping centers. New York's highest court, disappointingly, rejected that approach in a 1985 case, saying mall owners had invited the public only for a limited commercial purpose and need not indulge noncommercial activity. But as the New Jersey court more clearly perceives, the mall owners hope to lure paying customers by inviting people to mill about and enjoy themselves. Or even to do nothing at all.

These cases are not about socializing private, commercial property. Rather they involve the reaffirmation of the right of peaceful, orderly free expression. New Jersey's highest court has done its job well.

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Security
[Report this comment]
Posted by: Captainmagic on Mar 31, 2008 7:13 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Did anyone get a look at what the security guards uniform looked like. where there any jack boots involved. Was the uniform brown in colour. was the reverend wearing a funny star type patch on his T-shirt as well.....MMmmmmmmm just curious.

Wear these T-shirts and fly similar flags...Better still make it your new national FLAG...much more appropriate, don't you think.... WE DO..

Captain OUT

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Cliff Schecter's blog address
[Report this comment]
Posted by: GottaLafff on Mar 31, 2008 7:57 PM   
Current rating: 1    [1 = poor; 5 = excellent]
Thanks so much for crossposting this, but... Cliff's blog is now here:

http://agonist.org/schecter/

--GottaLaff

P.S. My user name is taken? I need to use 3 Fs now? Not fair! ; )

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This really is scary: 9/11 Truth has the same problem
[Report this comment]
Posted by: Adler Berriman Seal on Apr 1, 2008 4:31 AM   
Current rating: 5    [1 = poor; 5 = excellent]
If you stop and think about the implications of how information is spread in the contemporary US of A. A very tiny clique controls the lion's share of the means of communication while the rest of us are reduced to posting on sites such as AlterNet (until we get vaporized). If we try to go where people congregate, we can be prevented from disseminating information there as well.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

PRO VIOLENCE t-shirts, OK!
[Report this comment]
Posted by: Todd Kimmell on Apr 1, 2008 5:10 AM   
Current rating: 4    [1 = poor; 5 = excellent]
Some years back I was strolling into the Market East mall in downtown Philadelphia, entering through the giant K-Mart.

As I passed a rack of t-shirts on super sale, I paused and flipped through to see the graphics.

There was the crazed cartoon pit bull shirt, eating another dog with a screaming headline that put down the less strong and less aggressive. There was the sniper shirt, this being pre Beltway murders. There were others just as inexplicably pro violence... and this in a city that was founded on love.

I took them to the counter, and asked, with a friendly smile, to see the manager. When he showed up, I asked if he was aware of the messages on shirts available in his store. He professed that he hadn't really taken a look at them, as they're just sent from the warehouse.

I consciously made my inquiry as lighthearted and engaging as possible, especially considering I stand 6'7" and weigh around 270. I suggested that at the next regional meeting the manager ask if the buyers might purposefully avoid this kind of message, that there are so many fun graphics that are plenty cool without lowering things to that level, etc.

I made it clear that it was K-Mart's right to sell such shirts, but that it was on all of us to craft the world into a better place, and simple things like making better choices in what we put out there for popular consumption was something K-Mart COULD DO.

The manager was enthusiastic, and I don't think he was just butterin' my buns. He kept the selection of shirts behind the counter. I hope he followed through.

I haven't been back, as I just don't usually shop at K-Mart or Wal-Mart, but I felt like I at least got on base for the love team.

Todd

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Patriotism
[Report this comment]
Posted by: purereason on Apr 1, 2008 7:03 AM   
Current rating: 1    [1 = poor; 5 = excellent]
Patriotism must be made mandatory to all, to the rulers whom we elect as well as to the citizens. Of course, all are supposed to be citizens. But, some are behaving like the enemies of the people, that very often are the ones who are elected to rule. Rulers must be made to swear that they will use the wealth of the nation for the benefits of the citizens, uphold the prestige of the nation, safeguard the lives of the citizens, etc. Then how many rulers whom we elect can stand the test? In a democracy the elected are just like the stones thrown up- sometimes they fall upon our own heads.

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I disagree with the private property rights argument
[Report this comment]
Posted by: crazy carlos on Apr 1, 2008 8:34 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Once you knowingingly and willingly invite the PUBLIC onto your property you do so with the understanding that their INDIVIDUAL Constitutional rights follow. Only the overused Health, Safety and Welfare Clause is nuff to overrule it. I am not an attorney--would be interesting to see if Federal Case Law backs these folks up. Crazy carlos

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Too Obvious
[Report this comment]
Posted by: elPedro on Apr 1, 2008 9:21 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The key is having one that the idiot right-wingers don't quite understand.

I have one that says "Fascism Rocks" and they're too stupid to even know what fascism is or how that relates to the US.

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paganpat
[Report this comment]
Posted by: paganpat on Apr 1, 2008 9:34 AM   
Current rating: 5    [1 = poor; 5 = excellent]
What country did you say this took place? Well "No Country For Old Men" WHAT?

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Speaking Up
[Report this comment]
Posted by: alternetrose on Apr 1, 2008 10:42 AM   
Current rating: 5    [1 = poor; 5 = excellent]
This latest shirt incident is not a "new" or unusual strike against our free speech in the USA. It is just another example of how fragile our freedoms have become, so much so that we cannot safely express our concerns.

Whether an email or a notice of explanation to the owners or shopkeepers in these malls is called for, is unimportant in the grand scale of whining. Your money is all the response they value, so keep it in your pocket! Find "locally" owned shops in your neighborhoods and support them.

Big malls, big box stores, big government! The idea that big is better is false. It really comes down to this: the bigger they are, the smaller and less relevant we are. Affect their bottom line, and you can bring these malls down a notch or two, maybe more!

Just a thought: wouldn't most of these places better serve your community by bulldozing their parking lots and tearing down the buildings, then replacing them with a community park and a Farmer's Market? We really don't need the merchandise in these malls as much as we need more space to relax and enjoy one another.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Speaking Up Posted by: EncinoM
» RE: encinoman Posted by: alternetrose
» RE: encinoman Posted by: EncinoM
» RE: encinoman Posted by: alternetrose
» RE: encinoman Posted by: EncinoM
» RE: encinom(all?) Posted by: alternetrose
ENCINOMAN there is a reason attorneys have their reputation and you reinforce it...
[Report this comment]
Posted by: seacaptdon on Apr 1, 2008 7:36 PM   
Current rating: 5    [1 = poor; 5 = excellent]
If you follow the encinoman's logic, that the Constitution does not apply on private property then there would not be problems with illegal search and seizure, the malls could at will violate all Constitutional rights... hell they could refuse to allow black people or hispanics or asians or white people from entering because they object to their color... unless someone is violating the law, they definitely do have Constitutional rights on any property private or public, including the First Amendment rights of free speech unless it is actively disturbing the peace.

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Try T shirt with "IM", carry a peach
[Report this comment]
Posted by: verite on Apr 2, 2008 1:26 AM   
Current rating: 5    [1 = poor; 5 = excellent]
GO TO THE MALL..
From the original Newsday" report.. "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.""
My earlier comment.. Try smaller ketchup drops. Try 1,000,000 "DYED" and/or "$3 Trillion stolen" Find a mall near you here.. http://www.simon.com/findamall/default.aspx?
Portfolio=true

Other ideas posted at www.buzzflash.com...
#5 I note with interest that the security guards and cops asked Zirkel and the people he was with to remove their T-shirts. So what would happen if such a group was composed of women who are not wearing bras? Americans being so terrified of female nipples, and all...maybe it is time to start a national protest movement made up of women who will wear anti-war T-shirts in malls, with nothing on underneath the shirts?
#7 "...maybe it is time to start a national protest movement made up of women who will wear anti-war T-shirts in malls, with nothing on underneath the shirts?"
Mmmmmm.
It would also be funny to have a huge (temporary) tattoo underneath that says the same thing.
The local mall here in SouthEast CT is a Simon mall, maybe some radical fringy group ought to sticker the h3ll out of the place. Start saving up bail money folks, I may need it.
#12 Good idea CWV.
Old and young female protestors with nothing underneath, except the body art..they take off their tee-shirts after loudly asking the "officers"
"Did you ask us to take off the tee-shirt?" just time to get a crowd and evidence of the request.. then they all take them off at the same time. Throw them to a friend in the crowd who displays the offending garment aloft or otherwise puts it on... Others have video camera.. post on youtube...
Posted at the original item..
#14 re
New Simon Says game..

http://www.alternet.org/blogs/peek/#80866

Try smaller ketchup drops.
Try 1,000,000 "DYED"
and/or "$3 Trillion stolen"
Find a mall near you here..

http://www.simon.com/findamall/default.aspx?Portfolio=true
tags: peace hero, viral email, ketchup spots
13 commentscategory: Progressive Issues

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