UPDATE 11/10/09
Dan Fuchs filed a civil suit November 5 against The Johnson City Mall and its ownership company, Glimcher Realty Trust, for emotional stress and lost profits. The suit alleges the mall is a public place and forum for free speech, and, therefore, violated Fuch's free speech rights under the Tennessee constitution.
UPDATE 09/29/09 2:26 p.m.:
The owner of Graphic Edge contacted us earlier today and wished to say the following: “We would like to thank all the viewers of WJHL for their ongoing support. Your responses, emails and telephone calls have been overwhelming.”
Graphic Edge has reopened online, and a portion of the proceeds from sales will go to their legal fund.
If you would like to leave a comment for the owner, you may do so here.
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Updated Monday at 5:55 p.m.
Tembra Aldridge, General Manager of The Mall at Johnson City, released the following statement to 11 Connects Reporter George Jackson:
"The tenant [Dan Fuchs] previously had been notified, in writing, of operational issues that violated the terms of his kiosk lease. It was an accumulation of these problems, and his refusal to cooperate, that brought his lease to an end. It's disappointing that the tenant has attempted to turn this into a political story, and used inflammatory language to try to grow his business."
Fuchs planned to file a civil suit in Washington County Court Tuesday.
"I'm working out of my garage," he said.
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Johnson City, Tenn. -- Two months ago, Dan Fuchs set up shop in the Johnson City Mall.
He said business at 'Graphic Edge' was slow until a customer approached him with a request.
That customer asked Fuchs to print an anti-President Obama bumper sticker.
He did, and the idea stuck, so Fuchs expanded his anti-Obama offerings.
The selection became an issue when customers started offering complaints to the mall office.
Dan Fuchs said the merchandise constitutes 60-percent of his sales over the past few weeks.
"I do support the President of the United States," Fuchs said. "In no way did I intend to offend anyone, and I haven't. We have freedom of speech," he said.
Fuchs said the mall approached him three times in that same period, each time in response to a customer complaint. During the third visit, he said, the mall issued an ultimatum.
"They could not have any more complaints and I had to take it down immediately or face eviction within 24 hours," Fuchs said.
Tembra Aldridge, General Manager of The Mall at Johnson City, said that's simply untrue -- that Fuchs decided to remove all the anti-Obama material himself, and they simply requested a more balanced display.
"We suggested he also sell pro-Obama so that he stays very neutral."
The issue came to a head Friday.
After Fuchs' interviewed with 11 Connects and the Johnson City Press, the mall handed him a termination letter. They instructed him to shut 'Graphic Edge' down in the next 24 hours.
Aldridge confirmed the termination and made the following statement: "We're not going to use our private property as a political forum. That's what {Fuchs has} turned this into."
To view a video version of this report, click the play icon above.
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