California Court of Appeal

In a grocery store's request for injunctive relief against the picketing by a union in front of the store, trial court's denial of the relief is reversed where: 1) because the area in front of the store is not a public forum, the union's free speech rights, whether under the federal First Amendment or the state liberty of speech clause, are not infringed; 2) the Moscone Act violates the First and Fourteenth Amendments as applied to the circumstances of this case because it favors speech related to a labor dispute over speech related to other issues; 3) Labor Code section 1138.1 violates the First and Fourteenth Amendments and is thus invalidated; and 4) the store is entitled to a preliminary injunction because it has made an unrebutted showing of a continuing trespass on the part of the union.

Appellate Information

• Decided 07/19/2010
• Published 07/19/2010

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Miriam A. Vogel, William J. Emanuel