Marat Ayin, again

Question

A while back I wrote to you with regards to Marat Ayin, but you did not respond. Please respond this time, I am interested and concerned. It is brought down in Halacha that there are two types of Marat Ayin. The first is where chazal were gozer and the second is where they weren't. Allow me to explain. There are certain specific instances where CHAZAL said that a particular act is forbidden because if people see you do it, and they will think you did a forbidden act and will thus think that that forbidden act is in fact permissible, and may end up doing it themselves. Halacha states that with regards to such a gezera, this ruling of the rabbi's applies even in situations wherein no one will see you do it, even in the most private of places. There is a second type of marat ayin, that is where chazal DID NOT institute a specific ruling against an act, but rather one finds himself in a position where he is aware that if he performs a particular deed then people will mistake it for a forbidden deed, and may in turn come to do that forbidden act. An individual must refrain himself from such a misleading action. This, of course, is only applicable when there are others that may see, and is not applicable in a private area. Thus, when you permit eating at subway, one must ask himself, wouldn't a passer-by-er think that he is eating something not kosher? After all, who thinks that the guy is eating something permissible, when he is sitting down and eating. (I am of course referring to an instance where there may be others around to see.) The fact that the observer has a responsibility to be 'dan lekaf zchut', to judge you favorably, doesn't help you here, as it never does with marat ayin. I would just like to close with a partial quote from a question I saw on your site, which will hopefully show you that indeed people may mistake someone eating at subway for doing something wrong. "Dear Rabbi Abadi, A while ago you were asked about eating one's own food at McDonalds (to stay warm in the dead of winter). Well, I took your advise - you said it was ok - but it didn't work out so well for me. I was sitting by the window overlooking the street, munching on my tuna salad sandwich, when lo and behold the rabbi of our shul walked by. He glanced at me, did a double take and came rushing into the restaurant shouting obscenities at me and calling me every name in the book. I tried to explain but he turned and stormed out. Last shabbat he delivered a blistering sermon (not mentioning me by name) but clearly alluding to the incident, and admonishing 'his flock' to remain 'true to the cause'. He kept glancing in my direction." Now what I ask of you to do is address my issue - I maintain that in Jewish Law there are two types of marat ayin. If you think there aren't, look again (at the nesei kelim in shulchan aruch). PLEASE write back.