Roseville Galleria rule Unconstitutional

Roseville, Calif.- The Roseville Galleria’s owners Westfield, LLC heavy-handed attempt to stifle free speech between strangers on it’s property was deemed unconstitutional by California Appellate Court Third District. The ruling of Superior Court of Placer County, Larry D. Gaddis, Judge was reversed.

Westfield, LLC is deciding whether to appeal to the California Supreme Court.

Decision Excerpt

“In this case we conclude the rules of a large regional shopping mall that prohibit peaceful, consensual, spontaneous conversations between strangers in common areas of the mall about topics that are not related to the activities of the mall, its tenants or the noncommercial sponsored activities of the mall or its tenants are content-based rules that do not withstand a strict scrutiny analysis.  The rules are unconstitutional on their face under article I, section 2 of the California Constitution, the California constitutional provision which guarantees the right to free speech.  .”

The case involved a youth pastor who was arrested after engaging in conversation with mall patrons and refusing to leave the property upon security guards demands.