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Conservative Kiosk Not Allowed at Mall

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Beth Shayne, WCNC-TV (Charlotte, North Carolina), July 22, 2009

“Impeach Obama.”

“Al Qaeda’s favorite days: 9/11/01 and 11/04/08.”

“Work Harder. Obama needs the money.”

The bumper stickers and posters sold at “Free Market Warrior” at Concord Mills are meant to be “biting,” the kiosk’s owner Loren Spivack said.

At least one passerby found them racist and bigoted, and took time to tell the mall in a letter and a letter to the editor of the Charlotte Observer.

Whatever your opinion, the fact is this: At the end of July, Free Market Warrior will not be allowed at Concord Mills Mall. The kiosk chain’s owner shared e-mail correspondence with NewsChannel 36 that explains that the mall management has decided that the items sold are not “neutral” enough. The lease will be allowed to expire July 31, 2009 without an option to renew.

{snip}

Spivack says he is careful not to sell things that personally attack a politician and wants a fair exchange of ideas. “The material that I sell is about politics and ideas,” he told Newschannel 36. “It’s all legitimate criticism.”

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Spivack says the company first contacted him about his lease after a letter to the editor appeared in the Charlotte Observer. The author, recent UNC-Charlotte graduate Jennifer Ibanez, wrote:

“Free Market Warrior, a kiosk located adjacent to Bass Pro Shops, specializes in memorabilia embellished with pro-confederacy statements as well as those opposing both the government and President Obama. In addition, these products support ideas such as racisms, sexism, and even slavery. While freedom of speech is a Constitutional right it’s difficult not to believe that something just isn’t quite right here.

“I find it appalling that Concord Mills, North Carolina’s #1 visitor attraction, would condone such a message to be portrayed by their vendors and can’t imagine how the outside visitors’ perceptions of North Carolinians have been skewed by such an establishment.

“It’s hard to stay open-minded when such uncivilized and outdated ideas are endorsed on a daily basis. It’s 2009; please, let’s at least try to put this type of bigotry to an end.”

Ibanez told NewsChannel 36 she was so offended, she wrote the mall as well. She says a friend of hers also wrote in. Both threatened not to return to Concord Mills.

The owner of the mall group, Mel Simon, has been a generous contributor to Democratic causes and politicians, including Barack Obama. Spivack thinks the decision about his lease is political.

“If they have decided to make their malls conservative/libertarian free zones, where those opinions can’t be expressed, I do think it’s their right to do that, but it’s our rights to publicize the fact that they are doing that,” he said.

{snip}

NewsChannel 36 has been swamped with e-mails and comments on this story. A spokesperson for the mall did not return a call Thursday about the e-mails, which were hand-carried to the office by reporter Rad Berky. A receptionist unlocked a door and took the e-mails but we don’t know if anyone read them

[Editor’s Note: The Concord Mills Feedback page can be found here.]

Original article

(Posted on July 23, 2009)

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Comments

1 — Question Diversity wrote at 5:47 PM on July 23:

The kiosk was outside the Bass Pro Shops. Seems to me that Miss Spivack might have been the only one who found anything there offensive. Talk about good product placement.

2 — gg wrote at 6:32 PM on July 23:

Ibanez, a very unwise Latina, is “offended” by ideas she doesn’t agree with—or understand. So? The 1st Amendment protects the kiosk owner from Latina thugs who want to shut down their opposition. This is slightly complicated by the private property rights of the mall owner—another concept Ibanez doesn’t understand—to rent space, or not, to whomever he wants. But the mall owner wouldn’t censor the books in a Barnes & Noble on his property, so he really ought to “man up” here.

3 — Anonymous wrote at 6:44 PM on July 23:

Does that mean afro-centric weave stores in the mall need to go too?

4 — Bobby wrote at 8:10 PM on July 23:

Here is a bit of the future. Ms. Ibanez has the priviledge of graduating from a good college in the U.S. and the first thing she does is attack the history, culture, spirit, call it what you will, of the people who hosted her education and stay in their state. The new agrrieved group butting in on American history and culture—hispanics.

5 — Reg wrote at 9:28 PM on July 23:

“Jennifer” Ibañez? How many of you are thinking, why the blatantly English name with a Spanish surname?

But look below the surface. “Jennifer” is Cornish, “Ibañez”, Basque. Her very name unites two of the first peoples oppressed by the world’s champion colonial overlords. No wonder she’s attacking kiosks in malls! (“Kiosk” is a Turkish word, by the way.)

The Ibañez family living near me gave their daughter an old Scottish surname, long popular as a first name with American actresses and Imperial actors. It sure is odd, considering she’s four years old, and looks like she walked out of one of those children’s fund ads, i.e., heavily of aboriginal blood.

6 — Bilbo wrote at 9:42 PM on July 23:

The mall mentioned in the article is owned by SIMON ENTERPRISES, founded and owned by Jewish Billionaire Melvin Simon. Simon also nixed the TEA-BAG party that was to be held at an Atlanta, GA mall (also owned by Simon) on this last July 4th.
Melvin Simon and his wife are big Obama supporters and gave millions to his campaign.

7 — fred wrote at 10:03 PM on July 23:

Ibanez notwithstanding, the mall’s owner should be allowed to lease or not lease to anyone he wishes…. or should he? After all, I believe a similar argument was made some time ago about “lunch counters”. Spivack is a customer of the mall the same as someone at a lunch counter.

8 — SKIP wrote at 11:43 PM on July 23:

But the mall owner wouldn’t censor the books in a Barnes & Noble on his property

#2 and anyone else, this man and all book store owners will have no choice but to censor all books (by muslim standards) if the muslims get control as they are trying (and making good progress) to do.

9 — gary wrote at 11:57 PM on July 23:

hey, there is a simple solution. BOYCOTT. u might have to inconvenience yourself a bit. What’s your country worth?

10 — Claremont White Lady wrote at 1:11 AM on July 24:

I think the good citizens of Charlotte should band together and picket that mall, complete with signs and posters that show the ones objected to by the PC idiots. Freedom of speech is not to be curtailed in this country - and BTW, you can get all of that stuff and more at http://cafepress.com . But that isn’t the point — we need to show up in numbers and make sure that freedom of speech is defended loudly and clearly by those who cherish our freedoms.

11 — J Erie wrote at 1:21 AM on July 24:

The U.S. Constitution guarantees free speech which means that any type of opinion can be publicly voiced. Free speech is the most important freedom in this country; the one from which all others flow from. Naturally, since no opinion is universally held, free speech will inevitably offend someone somewhere but this is insignificant. Nobody has a right to not be offended. It is appalling that this mall has caved in to liberal arrogance and immaturity. Obama and his supporters could easily be perceived as “bigoted” as well depending on your point of view.

12 — Jonathon wrote at 2:52 AM on July 24:

Jennifer Ibanez obviously has no idea what she’s writing about, she doesn’t even seem to realize that the word ‘racism’ is its own plural form. She probably got through UNC-Charlotte on affirmative action.

13 — feller wrote at 5:15 AM on July 24:

I think there have been cases, including Supreme Court cases that have found that shopping malls are public streets where free speech is protected. The ACLU might take this on, and the owner should look into it. The ACLU does occasionally represent the Right to maintain its civil liberties good faith creds.

Another possibility is Mark Levin’s consrvative public interest law firm. There are several other qualtiy nonprofit conservative or libertarian law centes that have tried First Amendment cases against liberal censors.

The materials here were not only protected political speech, but were satirical and funny. The Left is more dour every day. Like Obama saying criticism of health care policy is “about me”. The seriousness and inablilit to take a joke or criticism is amazing.

14 — BW Sam wrote at 6:54 PM on July 24:

The U.S. Constitution guarantees free speech which means that any type of opinion can be publicly voiced.

The 1st Amendment protects the kiosk owner from Latina thugs who want to shut down their opposition.

I hate to be the one to say this, folks, but no it doesn’t.

The first amendment very specifically limits the ability of congress to pass laws abridging the freedom of speech, religion, the press, assembly, and petition. It does not prohibit a private business owner from deciding with whom he will do business, even if that business owner is a dork like Melvin Simon. Likewise, while the first amendment protects one’s right to speak freely, it does not and should not, require anyone else to provide a forum for that speech.

Frankly though, it’s all a moot point. The fact is that Mr. Spivak should be on his knees thanking the Good Lord and blessing the day Ms. Ibanez came into his life. Since this story broke, it has been all over Beck, Hannity, Limbaugh, and numerous other conservative programs and websites (as has Spivak personally). His company name, web address and product array have just been hand delivered to his perfect target audience on a nationwide scale, on a silver platter. Also, it’s been pretty much free of charge as well.

Which is fitting, because you really can’t buy advertising like this.

15 — RandyB wrote at 7:03 PM on July 24:

“The kiosk was outside the Bass Pro Shops. Seems to me that Miss Spivack might have been the only one who found anything there offensive. Talk about good product placement.”

You know, I bet the Bass customers could probably put the right kind of pressure on the mall to keep the kiosk open.

16 — SKIP wrote at 8:21 PM on July 24:

9 — gary wrote at 11:57 PM on July 23:
hey, there is a simple solution. BOYCOTT. u might have to inconvenience yourself a bit. What’s your country worth?

Let’s ask our members of Congress and Senate, they seem to have a price for everything, including their honor.

17 — JewAmongYou2 wrote at 4:25 AM on July 25:

I can assure those who have made the point of emphasizing the religion of the owner of Simon that there are plenty of non-Jewish mall owners who’d have done the same thing. Political correctness goes across the board in America. And there are more of us than you may think who support the sentiments expressed on the products offered at the kiosk.

The thing I have been asking myself about Mizzzzzz Ibañez is: is she one of these crusading “I am woman, hear me roar!” man-hater types who has elbowed her way past the men with an AA scholarship? One who claims she is as strong, etc as men? One whom - in reality - could not stand on her own merits but needs to stand instead on her privileged two-fer status as both a woman and possessor of a name with a tildé-ed N in it? I believe she is.

I say this because that is exactly the sort of feminist who crumbles like an overdone piece of toast at the slightest perceived offense and runs around in circles shrieking and screeching to whomever will listen, and does so more loudly and in the face of those who won’t.

18 — Anonymous wrote at 1:41 PM on July 26:

“It’s hard to stay open-minded when such uncivilized and outdated ideas are endorsed on a daily basis.”

Yes, it’s hard to stay open-minded when you encounter anything with which you disagree, isn’t it, liberal?

19 — Anonymous wrote at 4:39 AM on July 27:

In the article, Ibenez, that she and her friend would not return to the Mall. Is that all it takes? Great.

Conservatives thoughout North Carolina, which there are many, should write or email Simon Enterprises, and tell Simple Simon that they won’t be retruning to his Mall, if the Conservative Kiosk is not reinstalled to its proper place.

Even with these Liberal Democrats, money is still the bottom line.

20 — Frank wrote at 9:26 PM on August 1:

Solution: boycot the Mall. See if the Mall can survive with only Hispanic shoppers.

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