Gallant

At locations where it shares a parking lot with other retail businesses, the owner of a chain of retail warehouse stores permits expressive activity but only subject to regulations as to time, manner and place. In particular the storeowner prohibits all expressive activity on 34 days on which historically it has experienced a high volume of customer traffic. The owner also prevents any individual or organization from using its property for expressive activity on more than 5 days within any 30-day period (5/30 restriction(s)). The storeowner prohibits all expressive activity at its so-called stand-alone facilities.

The owner’s restrictions on use of its premises are valid. Accordingly, we reverse that portion of the trial court’s judgment which prevents the owner from enforcing its high-volume days and 5/30 restrictions at stores where it shares a parking lot with another retailer, and we affirm that portion of the trial court’s judgment which permits the owner to prohibit all expressive activity at its stand-alone facilities.

Summary

Plaintiff, cross-defendant and appellant Costco Companies, Inc. (Costco), owns and operates a chain of 84 so-called big box…