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Court strikes down mall talk rules
upi ^ | Aug. 17, 2010

Posted on 08/17/2010 10:53:34 AM PDT by JoeProBono

ROSEVILLE, Calif - A California appeals court struck down a mall's rules banning strangers from talking about subjects other than the mall while inside the facility.

A three-judge 3rd District Court of Appeals panel issued a 43-page opinion Wednesday describing the rules, which ban the unacquainted for discussing anything other than Roseville's Westfield Galleria mall and its stores while in the mall, as "unconstitutional on their face" due to violations of free speech as outlined in the California Constitution, the Sacramento Bee reported Tuesday.

The mall's rules, which were previously upheld by Placer Superior Court Judge Larry Gaddis, allow for conversations between two strangers on non-mall related topics only if an application is submitted 4 days in advance and approved by officials.

"We are reviewing the court's decision and will consider our options, including appeal to the California Supreme Court," Westfield spokeswoman Katy Dickey said.


TOPICS: Business/Economy; Chit/Chat
KEYWORDS: examiner; fail; freespeech; liberalfascism; lping; mall; westfieldgalleria
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1 posted on 08/17/2010 10:53:38 AM PDT by JoeProBono
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To: JoeProBono
How in the world were they planning on enforcing this?

Wait!!

Mall Cops!!

LOL!

2 posted on 08/17/2010 10:56:20 AM PDT by Osage Orange (MOLON LABE)
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To: JoeProBono

This story came out in the local paper a couple of days ago. Basically, the mall had a rule that you couldn’t talk to anyone about anything other than mall business, or they could remove you. There is no way that rule could pass constitutional muster...


3 posted on 08/17/2010 10:56:57 AM PDT by CA Conservative
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To: JoeProBono

Nothing in this world would entice me to live in the land of fruits and nuts.


4 posted on 08/17/2010 10:57:58 AM PDT by Responsibility2nd (PALIN/MCCAIN IN 2012 - barf alert? sarc tag? -- can't decide)
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To: Osage Orange

5 posted on 08/17/2010 10:59:46 AM PDT by Perdogg (Nancy Pelosi did more damage to America on 03/21 than Al Qaeda did on 09/11)
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To: Responsibility2nd

I know what youre saying. Kookyfornia is WAY overrated. What the lemmings who live there see in it is way beyond me. Guess they enjoy being told when to jump and whos tune to dance to.


6 posted on 08/17/2010 11:02:28 AM PDT by 556x45
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To: JoeProBono

Why on Earth would a mall even entertain such a stupid rule written that way?

I GET what they likely meant, but the paper pushing dweeb that worded this should have received their pink slip by now.


7 posted on 08/17/2010 11:02:57 AM PDT by VanDeKoik (Iran doesnt have a 2nd admendment. Ya see how that turned out?)
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To: JoeProBono

When Judge Gaddis appears on my ballot I will vote no. He was apparently absent the day the Constitution was taught. The mall mentioned is about 8 minutes from my house. Too expensive to shop there.


8 posted on 08/17/2010 11:03:25 AM PDT by afnamvet (Patriots Rising)
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To: JoeProBono

It took 3 judges and 43 pages to tell them to go pound salt?


9 posted on 08/17/2010 11:05:59 AM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: JoeProBono

This is a gag, right?


10 posted on 08/17/2010 11:08:00 AM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there.)
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To: Osage Orange

11 posted on 08/17/2010 11:09:07 AM PDT by JoeProBono (A closed mouth gathers no feet - Visualize)
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To: JoeProBono

i luuuvvvvvv this mall... dumb rule, but very nice mall...


12 posted on 08/17/2010 11:18:46 AM PDT by latina4dubya ( self-proclaimed tequila snob)
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To: 556x45
I know what youre saying. Kookyfornia is WAY overrated.

i still love it here... it's so beautiful... especially a day like today... i know there is a lot wrong with it, but i love the weather, the outdoors, the big cities, and espcially that we have no homeschooling laws... and our vegetable garden is doing so well... much of the time i'm living in paradise... besides, the mall's rule was struck down...

13 posted on 08/17/2010 11:23:43 AM PDT by latina4dubya ( self-proclaimed tequila snob)
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To: JoeProBono

I realize now why it takes so many years of law school to become a lawyer...and why they get such a bad rap.

To convince someone to pay $100’s per hour on such a CRAZY thing as this would require some serious levels of BS abilities.

This court room should be video taped and put on youtube so everyone can see such a spectacle and realize the horror knowing that its the LAW in action. Yikes!


14 posted on 08/17/2010 11:24:27 AM PDT by LifeChoice
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To: latina4dubya

Just don’t ask anybody for a light. You won’t be shopping there anymore.

My guess is that they are trying to weed out hooligans and people that aren’t there to shop. Silly approach. Why not just issue trespass warnings?


15 posted on 08/17/2010 11:27:51 AM PDT by goseminoles
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To: JoeProBono

“Fine weather we’re having, hey?”

“Citizens Arrressst! Citizens Arrressst!”


16 posted on 08/17/2010 11:29:22 AM PDT by samtheman
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To: JoeProBono

Speaking about anything else but Allah, while visiting that Muslim Community Center at Ground Zero, will probably be enforced much more drastically.


17 posted on 08/17/2010 11:29:28 AM PDT by pennboricua
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To: JoeProBono; afnamvet

Another reason to NOT go to the mall — now we can look forward to being accosted by total strangers determined to annoy us with their personal fixations.


18 posted on 08/17/2010 11:30:33 AM PDT by BenLurkin (Will must be the harder, courage the bolder, spirit must be the more, as our might lessens.)
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To: latina4dubya

So, let me get this straight, you live in a place with a massively failing economy and society second to none and all you can talk about is the weather? You do realize Kookyfornia doesn’t have a monopoly on nice weather...right? You seem to fit right in to the out of control insanity. So please stay put, you wont like the life of freedom and responsibility outside the Granola state.

re mall rule being struck down...perhaps youre missing the point. Its unbelievable it was even consider and implemented in the first place.


19 posted on 08/17/2010 11:50:33 AM PDT by 556x45
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To: JoeProBono

WTF?!?!?!

While I’m hardly shocked one judge actually ruled this was Constitutional - how the HELL is this mall getting a single customer???

$100 bucks says the owner of this mall donated to Obama.


20 posted on 08/17/2010 11:51:33 AM PDT by Brytani (There Is No (D) in November! Go Allen!!! www.allenwestforcongress.com)
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