Recent California Decisions

February 2001

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Third District Finds Constitutional Protection of Petitioning Activities at Privately-Owned Shopping Centers Does Not Extend to Stand-Alone Big Box Retail Stores
Waremart, Inc. v. Progressive Campaigns, Inc.

The Third District Court of Appeal recently held that because plaintiff's large warehouse-style supermarket was not accessible from a public sidewalk, did not invite the public for non-commercial purposes, and provided no public amenities, it was not equivalent to a public forum; therefore, individuals seeking to solicit and gather signatures on initiative petitions had no constitutional right to enter plaintiff's property to do so.