After shopping for church clothes at Battlefield Mall in Springfield, MO, 10-year-old Lydia Smith and her mother sat down for a bite to eat in the food court. Within minutes a mall security officer approached and asked her to remove her bandana, which was decorated with smiley faces, flowers, and perhaps most importantly, peace signs. Apparently she had violated a new rule at the mall, "failing to be fully clothed or wearing apparel which is likely to provide a disturbance or embroil other groups or the general public in open conflict."

(Click here for the AP story)

Simon’s response to the incident was even less reassuring than the incident itself. “What the public needs to understand,” said Christine Moses, director of mall marketing, “is the mall is privately owned by Simon Property Group Inc. Behavior on its premises can be regulated.”

"The bottom line is we want to have an environment (conducive) to shopping,” added Moses, “Offensive apparel does not fit in with that environment."

Simon officials refused to specify what offends them. "The code of conduct is pretty clear and, you know, I think common sense should prevail," said Simon spokesman Les Morris.

At least one Battlefield Mall retailer, JCPenney, sells bandannas, which seem to be on the list of offensive items. Their bandannas sell for $4.50 and come in black, white, blue and red. "How is that right?" Springfield resident Charlotte Jack wanted to know.

“The fact just is,” Morris said.

Simon Property Group has no intention of putting a ban on what products individual stores choose to offer, Morris said. Now that’s reassuring.

Common sense? If Simon reasons that a 10-year-old girl will embroil the general public in open conflict, maybe they could use a dose of common sense themselves.

All we are saying…is give speech a chance, even at Simon malls.

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