Union news out of CA

[Leroy Lizard]

Is this a sign of things to come? (I had always assumed that the right to picket was pretty fundamental.)


Calif pro-union law struck down by appeals court
Written by Associated Press
Tuesday, 20 July 2010 11:42

(AP) — A Sacramento appeals court says California's union-backed 1975 law allowing labor picketing outside stores is unconstitutional because it requires property owners to host speakers they disagree with.

Courts have allowed picketing and political activity outside shopping malls, saying they are exercising freedom of speech.

The Third District Court of Appeal ruled Monday in favor of a Ralphs Grocery-owned Foods Co market in Sacramento, which was in a dispute with the United Food and Commercial Workers union. The union picketed five feet outside the market.

The appeals court agreed with Ralphs that the law was invalid because it singled out union speech for special protection.

[SanJoaquinSooner]

War property rights.

[Crucifax Autumn]

Big deal. They'll just move out to the public sidewalk out by the street.

[GKeeper316]

it wasnt a dispute about the right to picket. that right is still intact... what picketers can no longer do is picket on the property of the businesses that they are picketing.

cruc said it.. big deal. now they have to move a few feet to public property.

[sooner_born_1960]

I'm surprised they ever could picket on private property. And. around here they'd have to move pretty far to get to public property.

[Leroy Lizard]

When I lived there, I saw picketers at the very front of the stores all the time. I never gave it much thought until now.

[Leroy Lizard]

it wasnt a dispute about the right to picket. that right is still intact... what picketers can no longer do is picket on the property of the businesses that they are picketing.

cruc said it.. big deal. now they have to move a few feet to public property.

It isn't just a few feet. With a large grocery store the street is a long ways from the storefront. This will prevent picketers from being able to approach people individually, as once people are inside the parking lot they really can't be approached.

This assumes that private property includes the parking lot. From what I can recall, the parking lot is privately owned but for public use.

Which is all good with me. The picketers' problem is with the store, so they need to leave me alone.

[Crucifax Autumn]

Yelling at people does them no good anyway. I suggest arson.

[Leroy Lizard]

By the same token, Ralph's certainly has the money to hire goon squads.

[SteelCitySooner]

Chicago seems to be ridding of the unions too..

[texaspokieokie]

wouldn't think that obama's kingdom (chicago) would be getting rid of unions.

[StoopTroup]

I guess they can start throwing Soap Box Preachers off their property too now and for those of you who frequent rock concerts and the like...I'm guessing that you won't be bothered with as many "you're gonna go to hell if you go to a rock concert" folks either if you play your cards right.

[Frozen Sooner]

Is this a sign of things to come? (I had always assumed that the right to picket was pretty fundamental.)

This seems to contradict some Supreme Court jurisprudence, though I don't have any particular knowledge of labor law or what they've specifically said about the right to picket on private property held open to the public.

I'll be interested to see what the California Supreme Court says about this, and whether the USSC takes it up on cert to decide the US Constitutional Issue.