In the case of Best Friends Animal Society v. Macerich Westside Pavilion Property, LLC decided March 2, 2011, the California Court of Appeal addressed the question of whether a privately owned shopping mall can enforce rules that give preferential treatment to persons engaged in labor speech on their premises. The court held that it could not, and that such rules violate the state Constitution by discriminating against other types of speech.
The dispute arose when an animal rights group named “Puppies Aren’t Products” sought permission to protest every Saturday and Sunday in front of a Barkworks store on the third floor of the Westside Pavilion in Los Angeles. The mall granted permission to the group to congregate in two areas, one on the ground floor and one on a pedestrian bridge on the third level that was not within sight or earshot of the store. The mall also prohibited the group from protesting on designated “blackout days” on which shopping traffic was the heaviest.
A suit was filed to enjoin the implementation of the rules based on Article I, section 2 of the Constitution, which provides that “Every person may freely speak, write, and publish his or her sentiments on all subjects” and prohibits the abridgment of liberty of speech. A lower court denied an injunction on the ground that the mall had imposed reasonable “time, place and manner” restrictions for protesting in a public forum, even though the mall afforded persons engaged in labor speech the right to protest on blackout days and in less confined areas. The appellate court held that the mall’s interest in maximizing profits for its tenants was not sufficiently compelling to justify discrimination against speech based on its content in these circumstances.
Along with the recent Ralphs Grocery Co. v. U.F.C.W. Local 8 case reported here on February 1, 2011, this case is part of a trend in which the courts have begun questioning the favoritism that has historically been afforded to speech engaged in by labor unions in public places. The effect of the ruling could be to not only expand the rights of non-labor groups to protest in public forums, but to also justify greater restrictions on labor protests so long as they are reasonable and imposed on all other persons regardless of the message sought to be conveyed.
- Of Counsel
Ronald Novotny has been representing employers in labor and employment matters in federal and state courts and administrative agencies in California since 1981. He has extensive experience involving union and employer unfair ...
Other AALRR Blogs
Recent Posts
- President Biden’s Administration Halts Department of Labor’s Final Rule for Worker Classification
- Rotational Employees Can Have Their “On” And “Off” Weeks Counted Against Their FMLA Leave Entitlement
- Ninth Circuit Issues Important Decision on Per Diem Pay
- Ninth Circuit Upholds Victory for Trucking Industry: California Meal and Rest Break Rules Preempted by Federal Law as to Commercial Drivers
- They Say Never Discuss Politics In Polite Company, But How Can Employers Handle Impolitic Off-Duty Conduct?
- DOL Permits Back-of-the-Restaurant Staff to Share in Servers’ Tips
- Can California Employers Be Liable For Failure To Prevent Something That Never Happened?
- Employer’s Delay is Fatal to Enforcement of Arbitration Agreement
- California Employers: The federal Department Of Labor’s Final Rule For Worker Classifications Does Not Eliminate The Requirements Under California’s ABC Test
- Court Holds California Law Applies to Offshore Workers on Oil Platforms
Popular Categories
- (43)
- (40)
- (135)
- (22)
- (6)
- (6)
- (31)
- (26)
- (22)
- (14)
- (5)
- (6)
- (4)
- (3)
- (3)
- (14)
- (9)
- (2)
- (2)
- (1)
- (3)
- (1)
- (3)
- (1)
- (1)
- (2)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Christopher S. Andre
- Cindy Strom Arellano
- Sarkis A. Atoyan
- Alicia A. Belock
- Eddy R. Beltran
- Rex Darrell Berry
- William M. Betley
- Brigham M. Cheney
- Michele L. Collender
- Kevin R. Dale
- Scott K. Dauscher
- Alexandria M. Davidson
- William A. Diedrich
- Alfonso Estrada
- Lauren D. Fierro
- Paul S. Fleck
- Robert Fried
- L. Brent Garrett
- Carol A. Gefis
- Kieran D. Hartley
- Amber S. Healy
- Jonathan Judge
- David Kang
- Nate J. Kowalski
- Joshua N. Lange
- Catherine M. Lee
- Thomas A. Lenz
- David M. Lester
- Martin S. Li
- Mia A. Lomedico
- Jorge J. Luna
- Michael J. Morphew
- Ronald W. Novotny
- Michael J. O'Connor, Jr.
- Aaron V. O'Donnell
- Shawn M. Ogle
- Sharon J. Ormond
- Justin R. Peters
- Chesley D. Quaide
- Todd M. Robbins
- Irma Rodríguez Moisa
- Casandra P. Secord
- Jon M. Setoguchi
- Lauren B. Shelby
- Ann K. Smith
- Amber M. Solano
- Susana P. Solano
- Ethan G. Solove
- Susan M. Steward
- April Szabo
- Jay G. Trinnaman
- Jonathan S. Vick
- Robert L. Wenzel
- Brian M. Wheeler
- Glen A. Williams
- Kimberley A. Worley
- Lisa C. Zaradich
Archives
2021
2020
- December 2020
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
2019
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
2018
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- March 2018
- February 2018
- January 2018
2017
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- March 2017
- February 2017
2016
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
2015
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
2011
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011