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Saturday, August 18, 2012

Ralphs Grocery v. UFCWU: California Supreme Court Schedules Oral Argument in First Amendment Case

On Wednesday, October 3, 2012, the California Supreme Court will hear oral argument in Ralphs Grocery v. United Food and Commercial Workers Union (Case No. S185544).  Ralphs Grocery raises 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. ? 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 Court will have 90 days after oral argument, or until January 2, 2013, to issue its ruling. 

The Court's web page for the case is here.

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