Lushbaugh

The parties in this case seek to have us resolve the issue of whether a stand-alone warehouse-type retail establishment is the modern-day equivalent of a shopping mall and therefore subject to the California Supreme Court’s decision in Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ] (Pruneyard), affirmed Pruneyard Shopping Center v. Robins (1980) 447 U.S. 74 [ 100 S.Ct. 2035 , 64 L.Ed.2d 741 ]. Pruneyard precludes certain private property owners from unreasonably restricting or interfering with access by members of the public who desire to engage in free expression under the California Constitution. Because we conclude that the restrictions imposed in this instance consisted of reasonable regulations of the time, place, and manner of appellant’s speech, we do not reach the issue urged by the parties and decide the matter on narrower grounds.

Factual and Procedural Background

The essential facts are not in dispute. On March 25, 1998, appellant Jeffrey Peter Lushbaugh sought to gather signatures on an initiative petition by approaching customers of respondent Home Depot U.S.A., Inc.’s Glendale store. The company has a written…