Young

James Young, John Slevin, Eileen Ray, Richard Green, Joe Bigornia, and Charles Michael Noble (plaintiffs) are individuals who solicit and gather signatures on initiative petitions to place measures on election ballots. On three occasions, plaintiffs solicited signatures outside the entrance to a supermarket owned and operated by Raley's, Inc. (Raley's). On each occasion, plaintiffs refused to comply with the permit application procedure that Raley's required for such solicitations on its premises. After they were placed under citizen's arrest for trespass, plaintiffs sued Raley's for false arrest, intentional infliction of emotional distress, and violation of their rights of free speech and to petition the government under article I, sections 2 and 3 of the California Constitution.

After the trial court ruled in favor of Raley's, plaintiffs appealed. [1] They contend: (1) the trial court erred in determining that the Raley's supermarket in question is not a public forum and therefore Raley's did not violate plaintiffs' constitutional rights by excluding them from engaging in petitioning activities on its premises without complying with its permit procedure; (2)…