Cluster 821514

See Ralphs Grocery, 55 Cal. 4th at 1092 (“[W]ithin a shopping center or mall, the areas outside individual stores’ customer entrances and exits, at least as typically configured and furnished, are not public forums . . . .”).

Cal. July 22, 2015) (citing 20 Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 186 21 Cal. App. 4th 1078, 1085 (2010), reversed on other grounds by 55 Cal. 4th 1083 22 (2012)).

It held that "to be a public forum under our state Constitution's liberty-of-speech provision, an area within a shopping center must be designed and furnished in a way that induces shoppers to congregate there for purposes of entertainment, relaxation, or conversation, and not merely to walk to or from a parking area, or to walk from one store to another, or to view a store's merchandise and advertising displays." ( Ralphs Grocery , at p. 1093, 150 Cal.Rptr.3d 501 , 290 P.3d…

(See Lloyd Corp. v. Tanner (1972) 407 U.S. 551, 567 [concluding "the First and Fourteenth Amendments safeguard the rights of free speech and assembly by limitations on state action, not on action by the owner of private property"; italics omitted].) Appellants further assert the gathering of signatures on their premises is not protected under California law because "a private sidewalk in front of a customer entrance to a retail store in a shopping center is not a public foru…

(See Lloyd Corp. v. Tanner (1972) 407 U.S. 551, 567 [concluding "the First and Fourteenth Amendments safeguard the rights of free speech and assembly by limitations on state action, not on action by the owner of private property"; italics omitted].) Appellants further assert the gathering of signatures on their premises is not protected under California law because "a private sidewalk in front of a customer entrance to a retail store in a shopping center is not a public foru…

Therefore, within a shopping center or mall, the areas outside individual stores’ customer entrances 5 and exits, at least as typically configured and furnished, are not public forums under this court’s decision in Pruneyard, supra, 23 Cal.3d 899 .” (Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8 (2012) 55 Cal.4th 1083, 1092 (Ralphs Grocery).) “[T]o be a public forum under our state Constitution’s liberty of speech provision, an area within a shopping c…

(Ralphs Grocery Co. v. United Food and Commercial Workers Union Local 8 (2012) 55 Cal.4th 1083, 1091-1092 (Ralphs Grocery).) To constitute the functional equivalent of a public forum, an area on private property must be designed and furnished to induce patrons to congregate for entertainment, relaxation, or conversation and not merely to walk from a parking area, to walk from one place to another on the property, or to view the property owner's merchandise and advertising di…

The United States Supreme Court and the California appellate courts, on whose decisions this court relied in Batchelder I, 388 Mass. at 87-88, 90-91 , have similarly affirmed a limited right to engage in signature solicitation or speech-related rights on private property that holds itself out to the public for nearly unlimited use consistent with the function of a downtown district. 2 See PruneYard, 447 U.S. at 78-79 , aff’g Robins, 23 Cal. 3d at 910-911 (State constitutiona…

See Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 290 P.3d 1116, 1121 (Cal. 2012) (discussing when the area around a store is considered a public forum).

See Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 55 Cal.4th 1083, 1093-94 , 150 Cal. Rptr.3d 501 , 290 P.3d 1116 (2012); Fashion Valley Mall, LLC v. NLRB, 42 Cal.4th 850, 858, 870 , 69 Cal.Rptr.3d 288 , 172 P.3d 742 (2007); Robins v. Pruneyard Shopping Ctr., 23 Cal.3d 899, 910 , 153 Cal.Rptr. 854 , 592 P.2d 341 (1979), aff’d, 447 U.S. 74 , 100 S.Ct. 2035 , 64 L.Ed.2d 741 (1980).

(See Pruneyard, supra, 23 Cal.3d at p. 908 ; see also Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8 (2013) 55 Cal.4th 1083, 1098 (Ralphs Grocery) [“the free speech guarantee of the federal Constitution’s First Amendment, as currently construed by the nation’s high court, does not extend to speech activities on privately owned sidewalks in front of the entrances to stores”].) 12 privately owned shopping center is not a public forum under article 1, sect…

See, e.g., Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 55 Cal.4th 1083, 1093 , 150 Cal.Rptr.3d 501 , 290 P.3d 1116 (2012); Fashion Valley Mall, LLC v. NLRB, 42 Cal.4th 850, 856-57 , 69 Cal.Rptr.3d 288 , 172 P.3d 742 (2007).