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12-06-2012, 06:39 PM
  #186
kdb209
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Quote:
Originally Posted by powerstuck View Post
Wouldn't Tanger Mall or what ever other business be considered a private proprety thus the answer would depend on how the owner of such business reacts to the cause ?
This is a state-by-state issue. In CA, shopping malls are considered public spaces and protesters and petition gatherers must be permitted - however this does not apply to the property & parking lot of a single store (ie a Costco/Walmart can regulate/prohibit those activities at a free standing store). There is no such right in AZ.

After initially holding that a privately owned business district and a shopping mall could be considered public spaces - giving first amendment rights for protest and petitions - the SCOTUS later reversed itself in Hudgens v. NLRB, 424 U.S. 507 (1976), finding "there is no open-ended invitation to the public to use the Center for any and all purposes, however incompatible with the interests of both the stores and the shoppers whom they serve.".

However the Court later upheld in Robbins v. Pruneyard (an appeal of a CA State Supreme Court decision) that state courts could force public access under state constitutions or statute - making it a state by state issue.

The AZ Court of Appeals held that the AZ State Constitution did not convey the right for public access in Fiesta Mall Venture et al. v. Mecham Recall Committee, 159 Ari. 371, 767 P.2d 719 (1989),

More gory details for those interested.

http://www.freedomforum.org/template...cumentID=14193

http://dirt.umkc.edu/files/prune.html

http://az.findacase.com/research/wfr...0002.AZ.htm/qx


Last edited by kdb209: 12-06-2012 at 06:51 PM.
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