California Court of Appeal

In plaintiff's suit against a mall and others, claiming civil rights violation, false imprisonment, intentional infliction of emotional distress and other causes of action, trial court's grant of summary judgment in favor of the defendants is reversed where: 1) the rules of a large regional shopping mall that prohibit peaceful, consensual, spontaneous conversations between strangers in common areas of the mall about topics unrelated to the activities of the mall, its tenants or the noncommercial sponsored activities of the mall or its tenants are content-based rules that do not withstand strict scrutiny; 2) under article I, section 2 of the California Constitution, the rules are unconstitutional on their face; and 3) trial court erred in striking plaintiff's request for attorney fees.

Appellate Information

• Decided 08/11/2010
• Published 08/11/2010

Judges

• CANTIL-SAKAUYE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kevin T. Snider, Jeremy B. Rosen