Westside Sane/Freeze v. Ernest W. Hahn, Inc.

This appeal from an order granting a preliminary injunction arises from appellants’ tenacious, erroneous view that the California constitutional rights of free speech and petition at shopping centers, recognized in Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ], affirmed sub nom. Pruneyard Shopping Center v. Robins (1980) 447 U.S. 74 [ 64 L.Ed.2d 741 , 100 S.Ct. 2035 ], are limited to activity connected with enrollment of signatures on petitions. We affirm the superior court’s decision that Pruneyard is not thus limited, and also reject appellants’ claim that the injunction restraining them from barring leafletting and expression unconnected with signature gathering accomplishes an unconstitutional taking of their property. Resolving further issues as to the scope of the injunction, we find the trial court did not abuse its discretion in applying it to appellants’ numerous California shopping centers, or in preliminarily enjoining collection of a cleaning deposit in excess of $50. However, we do direct that the injunction’s description of the activity to which it applies be modified, to avoid vagueness and potential…