arrest2004

    IT’S BUY NOTHING DAY!
    DON’T GO SHOPPING TOMORROW OR FRIDAY!

One of the things I love about Alan Muller is his arrest record, he walks the walk.  That’s Alan and now Rep. John Kowalko objecting when the public was not allowed to speak at a Delaware legislative energy committee meeting on proposed legislation:

mullergagged2

Seven Arrested in Buy Nothing Day Protest at Delaware Mall (2007)

And on to trial:

And they were convicted:

‘Buy nothing’ activists fined, banned from mall

Ruling supports Christiana center’s ‘humorless’ stance

By SEAN O’SULLIVAN, The News Journal

WILMINGTON — A trio who promoted “nothing” at Christiana Mall on Thanksgiving weekend 2005 will have to pay fines and stay away from the shopping center for six months to a year.

On Monday, Anna White, her sister Rachel White and Alan Muller were convicted by a Court of Common Pleas jury of third-degree criminal trespass, a violation.

Anna White and Muller, who is also executive director of Green Delaware, were each fined $75 and banned from the mall for a year by Chief Judge Alex J. Smalls. Rachel White was fined $25 and barred from the mall for six months.

Anna White said she was disappointed by the verdict and is considering her appeal options, saying the case raises questions about freedom of speech and the limits that can be set on people in quasi-public places such as a mall.

“I think it is a slippery slope when you ban people like us, who were not doing anything wrong. Where does it go next?” said Anna White.

The White sisters were arrested Nov. 25, 2005, by Delaware State Police. The women, who were wearing red Santa hats and white T-shirts with the phrase “Nothing — what you are looking for,” had refused to leave when ordered to do so by non-uniformed mall officials. Muller was with them, wearing a Santa suit.

All three testified that mall officials refused to provide identification, give their names or explain why they had to leave. Frank Kaleta, director of mall security, testified that he did not give his name or identification, but said he did clearly identify himself as mall management.

A second security officer, Nicholas Shovlin, now a state trooper, said he gave his name and showed a badge.

During his opening statement, defense attorney Michael W. Modica wore a Santa hat, telling the jury, “This is a case about Christiana Mall getting worked up about nothing.”

He said the trio were engaged in a lighthearted attempt to get people to think about consumerism.

Deputy Attorney General Natalie Haskins said it was “a very simple case.” The trio were asked to leave by the owners of a business, they didn’t, they were arrested and were guilty of trespass.

The three never shouted slogans or accosted shoppers, but only walked, answering questions from shoppers when asked, according to testimony. They said they planned to leave if asked by authorities. Kaleta testified that the three were involved in “political action” and that violated the mall’s ban on solicitation or demonstrations.

Modica said later they would not have been confronted if they’d had “Shop Till You Drop” on their T-shirts: “I think it’s a ridiculous case. I think the mall overreacted and was just humorless.”

The lone alternate juror, Dan Weigman, who did not participate in deliberations, agreed. He said mall security did not properly identify themselves and police never asked the group to leave, so he would have voted to acquit.

As for the upcoming holiday shopping season, Anna White said, “I guess we won’t be going to the mall this year.”

 

 

Leave a Reply