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Monday, July 16, 2012

Ralphs Grocery v. UFCWU Local 8: California Supreme Court to Address First and Fourteenth Amendment Issues in Picketing Case

I am updating my Watch List with a number of new cases, and this is the first.

In Ralphs Grocery v. United Food and Commercial Workers Union Local 8 (Case No. S185544) the California Supreme Court will address the following issues:

(1) Did the Court of Appeal err in concluding that the parking area and walkway in front of the entrance to plaintiff's retail store, which is part of a larger shopping center, do not constitute a public forum under Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 and its progeny?
(2) Do the Moscone Act (Code Civ. Proc. section 527.3) and Labor Code section 1138.1, which limit the availability of injunctive relief in labor disputes, violate the First and Fourteenth Amendments of the United States Constitution because they afford preferential treatment to speech concerning labor disputes over speech about other issues? 
The case is fully briefed and awaiting oral argument. The Court's web page for it is here

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